Legal Opinion
Carroll v. Price
New York Supreme Court
Decided May 26, 1989PublishedCited by 1 opinion
1Opinion of the Court
*838OPINION OF THE COURT
Alfred M. Lama, J.
Before the court is a somewhat unusual case of a motion to compel a defendant in a civil case to testify while there still are pending charges against him arising out of the same circumstances.
Defendant Steven Kowinsky, under advice of counsel, has refused to be deposed in an action arising out of a motor vehicle accident. He is also facing a charge of leaving the scene of the incident. At the various times scheduled for his deposition in the civil action, Mr. Kowinsky has been shielded by his attorney from even taking an oath preliminary to testifying…
2Cases cited4 opinions
- Marine Midland Bank v. John E. Russo Produce Co.New York Court of Appeals · 1980
- Flushing National Bank v. Transamerica InsuranceAppellate Division of the Supreme Court of the State of New York · 1987
- Bucci v. LydonAppellate Division of the Supreme Court of the State of New York · 1986
- Miller v. United Parcel Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
3Cited by1 opinion
- 54 West 16th Street Apartment Corp. v. DawsonCivil Court of the City of New York · 1998