Practice point: The statutory protection of records which would otherwise be kept sealed, pursuant to Criminal Procedure Law
§ 160.50, is waived by a party who affirmatively puts the underlying conduct at issue in a civil suit.
Practitioners should note that the statutory privilege may not be used to gain an advantage in a civil action allgeging malicious prosecution based on the underlying criminal proceeding.
Case: Best v. 2170 5th Ave. Corp., NY Slip Op 01524 (1st Dept. 2009)
The opinion is here.
Monday’s issue: Withdrawing as counsel.
