SCHULTE ROTH & ZABEL v. CHAMMAH


251 A.D.2d 132 (1998)

672 N.Y.S.2d 736

Schulte Roth & Zabel, L. L. P., Respondent, v. Ezrah Chammah, Appellant

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

June 16, 1998


In this action for legal fees, we agree with the IAS Court that the possibility that defendant will be prejudiced in two other pending civil actions if he is called upon to testify in the present action does not constitute an appropriate ground to stay the present action, even though defendant claims entitlement to assert his Fifth Amendment privilege. Also properly rejected by the IAS Court was defendant's attempt to obtain a stay on the ground of attorney-client privilege...

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