HEIMANSON v. FARKAS


292 A.D.2d 421 (2002)

738 N.Y.S.2d 894

BARBARA HEIMANSON et al., Plaintiffs, v. SOL FARKAS, Appellant, and PETER VARRIALE et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 11, 2002.


Ordered that the order is reversed insofar as appealed from, without costs or disbursements, and the motion is denied.

The defendants Peter Varriale and Frank DiMaio contend that the materials which are the subject of their motion were obtained by an investigator employed by the appellant's counsel in violation of the Code of Professional Responsibility DR 7-104 (a) (1) (22 NYCRR 1200.35 [a] [1]), which provides as follows...

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