Supreme Court erred in disqualifying defense counsel on the basis of counsel's ex parte interview with one of plaintiff's former executives, notwithstanding the executive's familiarity with both the transaction that gave rise to this lawsuit and the lawsuit itself. Although the court correctly recognized that the restrictions in DR 7-104 (a) of the Code of Professional Responsibility (22 NYCRR 1200.35 [a]), prohibiting an attorney from communicating with another represented...
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