BEST v. 2170 5TH AVENUE CORPORTION


60 A.D.3d 405 (2009)

873 N.Y.S.2d 631

ROBERT C. BEST, Respondent, v. 2170 5TH AVENUE CORPORATION, Appellant.

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

Decided March 3, 2009.


Where an individual, who has records that would otherwise be kept sealed under Criminal Procedure Law § 160.50, affirmatively places the underlying conduct at issue by bringing a civil suit, the statutory protection afforded by section 160.50 is waived, as the privilege, which is intended to protect the accused, may not be used as "a sword to gain an advantage in a civil action" (Green v Montgomery, 95 N.Y.2d 693, 701 [2001...

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