A plaintiff can be deposed about her participation in the federal witness protection program, a Brooklyn appellate court has ruled, holding her participation was material to the personal injury suit she has filed against her landlord.
"A participant in the witness protection program cannot use his or her entry into the program as a means ‘to shield him [or her] from…the adverse effects of the litigation he [or she] has initiated,’ especially where the subsequent action is not related to the criminal action which triggered the need for the party’s participation in the witness protection program in the first instance," a unanimous panel of the Appellate Division, Second Department, concluded in M.C. v. Sylvia Marsh Equities, 2011-11197.
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