Access Capital, Inc. v. DeCicco

In granting and affirming summary judgment to plaintiff, the trial court and the majority rely on the defendant’s assertion of his Fifth Amendment privilege against self-incrimination in response to the allegations of the complaint and ignore the implications of what the majority characterizes as defendant’s “laundry list of affirmative defenses.” The plaintiff’s motion for summary judgment completely ignored the affirmative defenses. The motion court did not, in its oral decision, refer to them at all. On this ground alone, summary judgment was inappropriate.

Further, among those affirmative…