D'Alessio v. Gilberg (N.Y. 1994) 617 N.Y.S.2d 484 [205 A.D.2d 8], involved a similar situation. A fatal hit-and-run accident occurred when an unknown driver struck and killed a pedestrian. The victim's family learned the unknown driver had consulted a particular attorney. The family initiated pre-action discovery to learn the client's identity from the attorney. The trial court upheld the attorney's claim that disclosure of the client's identity was protected by the attorney-client privilege. (617 N.Y.S.2d at pp. 484-485.) D'Alessio reviewed New York's statutory attorney-client privilege, which prohibits an attorney from disclosing a confidential communication he had with his client in the course of professional employment. (Id. at p. 485.) The situation did not involve an attorney being asked to divulge information for the purpose of preventing a future crime, "for here the client's crime, if there be one, has already been completed." (Id. at pp. 485-486.)