Busshart v. Park

Order unanimously affirmed, with costs. Memorandum: Defendants appeal from an order denying the motion for a protective order and directing that defendant Parks be deposed in this medical malpractice action. While CPLR 4501 does not require a witness to give an answer which will tend to accuse himself of a crime or to expose him to a penalty or forfeiture, it does not excuse a party from responding to relevant questions to establish "that he owes a debt or is otherwise subject to a civil suit.”

Since the possible sanction flowing from defendant’s disciplinary investigation does not constitute…