Opinion

King v. Liotti

  • 190 Misc. 672
  • 76 N.Y.S.2d 98
  • 1947 N.Y. Misc. LEXIS 3541
Court
New York Supreme Court
Filed
Oct 1, 1947
Status
Published
Author
Kadien
On the bench
Kadien
Cited by
3 cases
Authority
More cited than 59.8%

The opinion

Kadien, J.

Motion to examine the defendants before trial granted as prayed for with the exception that all language following the word “ defendants ” on the sixth line of item “ 2 ” will be deleted. The claim of privilege against self-incriminatian is no ground for denying a motion for the examination of *673 a party before trial. The right to refuse to incriminate oneself is a personal right which must be claimed at the time when the questions are asked. (Heit & Weisenthal, Inc., v. Licht, 218 App. Div. 753 .) This privilege may be claimed at the examination before trial as in the ca^e of an examination at the trial. (Yomato Trading Co. v. Brown, 27 Hun 248 ; Matter of Siegel v. Crawford, 266 App. Div. 878 , affd. 292 N. Y. 651 .)

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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