Legislation

Search OpenLegislation Statutes
This entry was published on 2021-08-06
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 4519
Personal transaction or communication between witness and decedent or person with a mental illness
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 45
§ 4519. Personal transaction or communication between witness and
decedent or person with a mental illness. Upon the trial of an action or
the hearing upon the merits of a special proceeding, a party or a person
interested in the event, or a person from, through or under whom such a
party or interested person derives his interest or title by assignment
or otherwise, shall not be examined as a witness in his own behalf or
interest, or in behalf of the party succeeding to his title or interest
against the executor, administrator or survivor of a deceased person or
the committee of a person with a mental illness, or a person deriving
his title or interest from, through or under a deceased person or person
with a mental illness, by assignment or otherwise, concerning a personal
transaction or communication between the witness and the deceased person
or person with a mental illness, except where the executor,
administrator, survivor, committee or person so deriving title or
interest is examined in his own behalf, or the testimony of the person
with a mental illness or deceased person is given in evidence,
concerning the same transaction or communication. A person shall not be
deemed interested for the purposes of this section by reason of being a
stockholder or officer of any banking corporation which is a party to
the action or proceeding, or interested in the event thereof. No party
or person interested in the event, who is otherwise competent to
testify, shall be disqualified from testifying by the possible
imposition of costs against him or the award of costs to him. A party or
person interested in the event or a person from, through or under whom
such a party or interested person derives his interest or title by
assignment or otherwise, shall not be qualified for the purposes of this
section, to testify in his own behalf or interest, or in behalf of the
party succeeding to his title or interest, to personal transactions or
communications with the donee of a power of appointment in an action or
proceeding for the probate of a will, which exercises or attempts to
exercise a power of appointment granted by the will of a donor of such
power, or in an action or proceeding involving the construction of the
will of the donee after its admission to probate.

Nothing contained in this section, however, shall render a person
incompetent to testify as to the facts of an accident or the results
therefrom where the proceeding, hearing, defense or cause of action
involves a claim of negligence or contributory negligence in an action
wherein one or more parties is the representative of a deceased or
incompetent person based upon, or by reason of, the operation or
ownership of a motor vehicle being operated upon the highways of the
state, or the operation or ownership of aircraft being operated in the
air space over the state, or the operation or ownership of a vessel on
any of the lakes, rivers, streams, canals or other waters of this state,
but this provision shall not be construed as permitting testimony as to
conversations with the deceased.