PRUDENTIAL SEC. v. BRIGIANOS


233 A.D.2d 18 (1997)

662 N.Y.S.2d 484

Prudential Securities Incorporated, Respondent, v. Paul Brigianos, Respondent

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

September 30, 1997


Attorney(s) appearing for the Case

John J.D. McFerrin-Clancy of counsel (Schlam Stone & Dolan, attorneys), for nonparty appellant.

Stephen E. Kesselman of counsel (Matthew J. Brief on the brief; Brief, Kesselman Knapp & Schulman, L. L. P., attorneys), for Prudential Securities Incorporated, respondent.

SULLIVAN, J. P., NARDELLI and WILLIAMS, JJ., concur.


TOM, J.

The issue for consideration in this appeal is whether compliance with a subpoena duces tecum would violate the nonparty appellant's privilege against self-incrimination under the Fifth Amendment of the United States Constitution and article I (§ 6) of the New York State Constitution.

In this action for breach of contract, plaintiff Prudential Securities Incorporated asserts that on June 29...

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