The following excerpt is from St. Owner v. Novog, 2011 N.Y. Slip Op. 21078, 31 Misc.3d 680, 921 N.Y.S.2d 814 (N.Y. Civ. Ct. 2011):
While courts have held that an inference may be drawn from one's refusal to testify in a civil matter, they also have held that Silence may only be one of a number of factors which the finder of fact considers in making its determination. DeBonis v. Corbisiero, supra, 155 A.D.2d at 301, 547 N.Y.S.2d 274.
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