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Busshart v. Park

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1985
112 A.D.2d 787 (N.Y. App. Div. 1985)

Opinion

July 12, 1985

Appeal from the Supreme Court, Erie County, Gossel, J.

Present — Callahan, J.P., Boomer, O'Donnell, Pine and Schnepp, JJ.


Order unanimously affirmed, with costs. Memorandum: Defendants appeal from an order denying the motion for a protective order and directing that defendant Parks be deposed in this medical malpractice action. While CPLR 4501 does not require a witness to give an answer which will tend to accuse himself of a crime or to expose him to a penalty or forfeiture, it does not excuse a party from responding to relevant questions to establish "that he owes a debt or is otherwise subject to a civil suit."

Since the possible sanction flowing from defendant's disciplinary investigation does not constitute a "penalty or forfeiture" ( see, Matter of Anonymous Attorneys, 41 N.Y.2d 506; Matter of Greco v. Board of Examiners, 91 A.D.2d 1108, affd 60 N.Y.2d 709; Matter of Miles v. Nyquist, 60 A.D.2d 133), Special Term properly directed that he participate in an examination before trial.


Summaries of

Busshart v. Park

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1985
112 A.D.2d 787 (N.Y. App. Div. 1985)
Case details for

Busshart v. Park

Case Details

Full title:LEONARD E. BUSSHART et al., Respondents, v. JOHN H. PARK et al., Appellants

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 12, 1985

Citations

112 A.D.2d 787 (N.Y. App. Div. 1985)

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