The following excerpt is from Foster v. Hastings, 189 N.E. 229, 263 N.Y. 311 (N.Y. 1934):
so provides, expressly or by reasonable implication. When the witness refuses to answer or when it plainly appears that the witness denies knowledge or recollection of a fact, obviously to evade an answer as to matters within his recollection, the court may refuse to aid in a mere subterfuge and may compel an answer, but this power must not be used to punish perjury. Hand, J., in United States v. Appel (D. C.) 211 F. 495, 496.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.