Access Capital, Inc. v. DeCicco
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Rubin, J.
Appellant Frank DeCicco contends that invocation of his Fifth Amendment privilege against self-incrimination in response to each of the 110 allegations of the complaint precludes the award of summary judgment against him. Unlike a criminal prosecution, assertion of the privilege in civil proceedings does not relieve a defendant of the obligation to put in a defense. As appellant has failed to tender admissible evidence requiring trial of any issue of fact, summary judgment was properly entered against him.
The complaint asserts that plaintiff Access Capital, Inc.…
2Cases cited20 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Baxter v. PalmigianoSupreme Court of the United States · 1976
- Williams v. FloridaSupreme Court of the United States · 1970
- Lefkowitz v. TurleySupreme Court of the United States · 1973
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