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ACCESS CAPITAL v. DECICCO

302 A.D.2d 48 (2002)

752 N.Y.S.2d 658

ACCESS CAPITAL, INC., Respondent, v. FRANK DECICCO, Also Known as MICHAEL MACALARY, Appellant, et al., Defendants.

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

December 31, 2002.

Attorney(s) appearing for the Case

Joseph A. Vogel of counsel (Kravet & Vogel, LLP, attorneys), for respondent.

Edward L. Larsen for appellant.

MAZZARELLI, J.P., and GONZALEZ, J., concur with RUBIN, J.; ROSENBERGER, J., dissents in a separate opinion.

OPINION OF THE COURT

RUBIN, J.

Appellant Frank DeCicco contends that invocation of his Fifth Amendment privilege against self-incrimination in response to each of the 110 allegations of the complaint precludes the award of summary judgment against him. Unlike a criminal prosecution, assertion of the privilege in civil proceedings does not relieve a defendant of the obligation to put in a defense. As appellant has failed to tender admissible evidence requiring...

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