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NAT'L HOTEL MGMT. CORP. v. SHELTON TOWERS ASSOCS.

188 A.D.2d 305 (1992)

National Hotel Management Corporation et al., Respondents, v. Shelton Towers Associates et al., Defendants, and Edward Halloran, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 3, 1992

There is no merit to defendant-appellant's argument that upon assertion of his Fifth Amendment privilege against self-incrimination, he should have been deemed unavailable within the meaning of CPLR 4517, and all of the testimony he gave in a previous trial of this matter (111 A.D.2d 154, mot to dismiss appeal granted 65 N.Y.2d 1053) allowed into evidence. Under CPLR 4517, prior "testimony may not be used if the witness' unavailability...

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