From Casetext: Smarter Legal Research

Lieb v. Henry

Appellate Division of the Supreme Court of New York, Second Department
Feb 6, 1984
99 A.D.2d 757 (N.Y. App. Div. 1984)

Opinion

February 6, 1984


Appeal by petitioner from an order of the County Court, Suffolk County (Copertino, J.), dated September 29, 1983, which denied his application for an order vacating a subpoena duces tecum directed at him. Order reversed, and matter remitted to the County Court, Suffolk County, for further proceedings in accordance herewith. Determination of the validity of petitioner's assertion of his client's privilege against self incrimination depends upon the existence and nature of the documents allegedly in petitioner's possession, which existence he will neither admit nor deny for fear of losing the privilege by waiver. As was agreed at oral argument of this appeal, the problem may be resolved without detriment to the rights of the parties involved by an in camera inspection of the alleged documents. Accordingly, the matter is remitted to the County Court, Suffolk County, for such inspection, and a hearing if found to be necessary, in order to determine the applicability of the privilege against self incrimination to the particular documents, if any, in petitioner's possession (see State of New York v Carey Resources, 97 A.D.2d 508). Mollen, P.J., Titone, O'Connor and Niehoff, JJ., concur.


Summaries of

Lieb v. Henry

Appellate Division of the Supreme Court of New York, Second Department
Feb 6, 1984
99 A.D.2d 757 (N.Y. App. Div. 1984)
Case details for

Lieb v. Henry

Case Details

Full title:In the Matter of DAVID K. LIEB, Appellant, v. PATRICK HENRY, as Suffolk…

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

Date published: Feb 6, 1984

Citations

99 A.D.2d 757 (N.Y. App. Div. 1984)

Citing Cases

Carver Fed. Sav. Bank v. Shaker Gardens, Inc.

ent debtor in contempt for failing to comply with a subpoena, that "a blanket refusal to answer questions…

In re Astor

"While the witness is generally the best judge of whether an answer may tend to be incriminating . . . when…