Practice point: The assertion of the privilege against self-incrimination is an insufficient basis for precluding discovery.
Practitioners should note that, even if a criminal prosecution is pending, the court is not obligated to stay discovery in a civil matter.
Case: Fortress Credit Opportunities I LP v. Netschi, NY Slip Op 01181 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: School Law.
