National Hotel Management Corp. v. Shelton Towers Associates

Judgment, Supreme Court, New York County (Myriam J. Altman, J.), entered October 26, 1990, awarding damages in favor of plaintiff National Hotel Management Corporation and against defendants, unanimously affirmed, with costs.

There is no merit to defendant-appellant’s argument that upon assertion of his Fifth Amendment privilege against self-incrimination, he should have been deemed unavailable within the meaning of CPLR 4517, and all of the testimony he gave in a previous trial of this matter (111 AD2d 154, mot to dismiss appeal granted 65 NY2d 1053) allowed into evidence. Under CPLR 4517,…