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Niesig v. Team I

Court of Appeals of New York
76 N.Y.2d 363, 558 N.E.2d 1030 (1990)



Niesig (plaintiff) worked for DeTrae Enterprises, Inc. (DeTrae) and suffered injuries from a fall that took place on a construction site owned by Team I (defendant). Niesig sued Team I for labor law violations. Team I impleaded DeTrae. Before trial, Niesig moved for leave to privately examine DeTrae employees who may have witnessed Niesig’s accident. DeTrae objected, claiming that its employees fell within the scope of representation provided by DeTrae’s attorneys, and thus New York’s Code of Professional Responsibility prohibited Niesig’s attorney from having direct contact with the employee witnesses. The motion progressed to the state court of appeals, which concluded that all of DeTrae’s employees fell within the scope of representation provided by the company’s counsel. On that ground, the appellate court denied Niesig’s motion. Niesig petitioned the state supreme court for review.

Rule of Law


Holding and Reasoning (Kaye, J.)

Concurrence (Bellacosa, J.)

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