Garcia v. New York City Transit Authority

OPINION OF THE COURT

Martin Evans, J.

In this action for, inter alia, assault and false arrest, defendant, Marsala, a nonparty witness (although named in the complaint), moves for a protective order. Plaintiff cross-moves for an order striking the answer of defendant Transit Authority because of its alleged willful failure to produce Marsala. At issue is the scope of the privilege against self incrimination as a means of avoiding pretrial disclosure in a civil case.

The complaint alleges that on October 20, 1981, in the West 4th Street subway station, two transit police officers, *1013Marsala and the…