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FORTRESS CREDIT OPPORTUNITIES I LP v. NETSCHI

59 A.D.3d 250 (2009)

873 N.Y.S.2d 562

FORTRESS CREDIT OPPORTUNITIES I LP, Respondent, v. WALTER NETSCHI, Appellant.

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

Decided February 17, 2009.

The motion court appropriately exercised its discretion in denying the motion for a stay of the action and a stay of discovery pending federal criminal investigation of defendant. The assertion of the privilege against self-incrimination is an insufficient basis for precluding discovery (see Access Capital v DeCicco, 302 A.D.2d 48, 52-53 [2002]). Even if a criminal prosecution had been pending, the motion court was not obligated...

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