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D'Alessio v. Gilberg

205 A.D.2d 8, 1994 N.Y. App. Div. LEXIS 9522 (1994)

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D'Alessio v. Gilberg

New York Supreme Court, Appellate Division

205 A.D.2d 8, 1994 N.Y. App. Div. LEXIS 9522 (1994)

Facts

Vincent Fiorito was found on the street, the apparent victim of a hit-and-run driver. There were no witnesses to the incident, and no one reported being involved in a relevant car accident. Fiorito died as a result of his injuries. Fiorito’s daughter Grace D’Alessio (plaintiff) wanted to bring a wrongful-death action and learned that the driver of the vehicle that had struck her father had consulted with attorney Michael Gilberg (defendant). The trial court granted D’Alessio’s application for a preaction deposition of Gilberg. Gilberg appeared but refused to identify his client, arguing that the name of a client falls within the attorney-client privilege. The court concluded that the attorney-client privilege does not protect a client’s identity and the purpose of the privilege would not be served by shielding an individual from the possibility of civil and criminal liability. Gilberg appealed.

Rule of Law

Issue

Holding and Reasoning (Lawrence, J.)

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