N.Y. CPLR § 4519

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 4519 Personal transaction or communication between witness anddecedent or person with a mental illness § 4519. Personal transaction or communication between witness anddecedent or person with a mental illness. Upon the trial of an action orthe hearing upon the merits of a special proceeding, a party or a personinterested in the event, or a person from, through or under whom such aparty or interested person derives his interest or title by assignmentor otherwise, shall not be examined as a witness in his own behalf orinterest, or in behalf of the party succeeding to his title or interestagainst the executor, administrator or survivor of a deceased person orthe committee of a person with a mental illness, or a person derivinghis title or interest from, through or under a deceased person or personwith a mental illness, by assignment or otherwise, concerning a personaltransaction or communication between the witness and the deceased personor person with a mental illness, except where the executor,administrator, survivor, committee or person so deriving title orinterest is examined in his own behalf, or the testimony of the personwith a mental illness or deceased person is given in evidence,concerning the same transaction or communication. A person shall not bedeemed interested for the purposes of this section by reason of being astockholder or officer of any banking corporation which is a party tothe action or proceeding, or interested in the event thereof. No partyor person interested in the event, who is otherwise competent totestify, shall be disqualified from testifying by the possibleimposition of costs against him or the award of costs to him. A party orperson interested in the event or a person from, through or under whomsuch a party or interested person y the possibleimposition of costs against him or the award of costs to him. A party orperson interested in the event or a person from, through or under whomsuch a party or interested person derives his interest or title byassignment or otherwise, shall not be qualified for the purposes of thissection, to testify in his own behalf or interest, or in behalf of theparty succeeding to his title or interest, to personal transactions orcommunications with the donee of a power of appointment in an action orproceeding for the probate of a will, which exercises or attempts toexercise a power of appointment granted by the will of a donor of suchpower, or in an action or proceeding involving the construction of thewill of the donee after its admission to probate.Nothing contained in this section, however, shall render a personincompetent to testify as to the facts of an accident or the resultstherefrom where the proceeding, hearing, defense or cause of actioninvolves a claim of negligence or contributory negligence in an actionwherein one or more parties is the representative of a deceased orincompetent person based upon, or by reason of, the operation orownership of a motor vehicle being operated upon the highways of thestate, or the operation or ownership of aircraft being operated in theair space over the state, or the operation or ownership of a vessel onany of the lakes, rivers, streams, canals or other waters of this state,but this provision shall not be construed as permitting testimony as toconversations with the deceased.