In J.F. v 110 Grill, No. EF007018/2023, 2024 N.Y. Slip Op. 24038, 2024 WL 608879 (Sup Ct, Feb. 08, 2024), the court denied defendant’s motion to stay the proceedings in this civil case until the conclusion of his criminal proceedings.
Here, plaintiff alleges that the defendant sexually harassed her at their place of employment (in violation of the New York State Human Rights Law). The defendant is currently being criminally prosecuted for felony sex crimes allegedly committed against the plaintiff. Defendant seeks to stay the civil proceedings while the criminal proceedings are ongoing, in order to protect his Fifth Amendment rights against self-incrimination.
From the decision:
A motion pursuant to CPLR 2201 to stay a civil action pending resolution of a related criminal action is directed to the sound discretion of the trial court. Further, it is settled that invoking the privilege against self-incrimination is generally an insufficient basis for precluding discovery in a civil matter. While courts have recognized the difficulty faced by defendants in choosing between presenting evidence in their own behalf and asserting their constitutional right against self-incrimination, a court need not permit a defendant to avoid this difficulty by staying a civil action until a pending criminal prosecution has been terminated. It would be unfair and inequitable to require a plaintiff to put her case on hold while a criminal case makes its way through the criminal justice system, which often can take years. This is especially true when all defendants in the civil proceeding are not defendants in the criminal proceeding.
Since invoking the privilege against self-incrimination is generally an insufficient basis for precluding discovery in a civil matter, the defendant Fabricant’s motion must be denied. While the defendant Fabricant’s motion for a complete stay is denied, this Court is cognizant of the implications involved in denying such a motion. As such, paper discovery and depositions of the plaintiff and defendant who does not have a criminal case pending, 110 Grill, must proceed. Defendant Fabricant is permitted to invoke his right against self-incrimination in answering any interrogatory that implicates such right and he need not submit to a deposition prior to June 28, 2024.
[Citations, internal quotation marks, bracketing omitted.]
The court then directed the parties to appear for a conference to provide a status on paper discovery and the pending criminal proceeding, and to address scheduling defendant’s deposition.