What is the test for an application to compel a party to waive their Fifth Amendment right against self-incrimination in a civil action?
"New York", United States of America
The following excerpt is from Budget Mtge. Bankers, Ltd. v. Maza, 2004 NY Slip Op 51656(U) (NY 12/14/2004), 2004 NY Slip Op 51656(U) (N.Y. 2004):
The basis of such an application is that a party should not be required to waive his or her Fifth Amendment right against self-incrimination in order to defend a civil action. See, DeSiervi v. Liverzani, 136 AD2d 527 (2nd Dept., 1988).
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