King v. Liotti

190 Misc. 672, 76 N.Y.S.2d 98, 1947 N.Y. Misc. LEXIS 3541

Opinion

Kadien, J.

Motion to examine the defendants before trial granted as prayed for with the exception that all language following the word “ defendants ” on the sixth line of item “ 2 ” will be deleted. The claim of privilege against self-incriminatian is no ground for denying a motion for the examination of a party before trial. The right to refuse to incriminate oneself is a personal right which must be claimed at the time when the questions are asked. (Heit & Weisenthal, Inc., v. Licht, 218 App. Div. 753.) This privilege may be claimed at the examination before trial as in the ca^e of an examination at the trial. (Yomato Trading Co. v. Brown, 27 Hun 248; Matter of Siegel v. Crawford, 266 App. Div. 878, affd. 292 N. Y. 651.)