N.Y. Civil Practice Law & Rules Section 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.

Source: Section 4519 — Personal transaction or communication between witness and decedent or person with a mental illness, https://www.­nysenate.­gov/legislation/laws/CVP/4519 (updated Aug. 6, 2021; accessed Oct. 26, 2024).

4501
Self-incrimination
4502
Spouse
4503
Attorney
4504
Physician, dentist, podiatrist, chiropractor and nurse
4505
Confidential communication to clergy privileged
4506
Eavesdropping evidence
4507
Psychologist
4508
Social worker
4509
Library records
4510
Rape crisis counselor or domestic violence advocate
4511
Judicial notice of law
4512
Competency of interested witness or spouse
4513
Competency of person convicted of crime
4514
Impeachment of witness by prior inconsistent statement
4515
Form of expert opinion
4516
Proof of age of child
4517
Prior testimony in a civil action
4518
Business records
4519
Personal transaction or communication between witness and decedent or person with a mental illness
4519‑A
Possession of opioid antagonists
4520
Certificate or affidavit of public officer
4521
Lack of record
4522
Ancient filed maps, surveys and records affecting real property
4523
Search by title insurance or abstract company
4524
Conveyance of real property without the state
4525
Copies of statements under article nine of the uniform commercial code
4526
Marriage certificate
4527
Death or other status of missing person
4528
Weather conditions
4529
Inspection certificate issued by United States department of agriculture
4530
Certificate of population
4531
Affidavit of service or posting notice by person unavailable at trial
4532
Self-authentication of newspapers and periodicals of general circulation
4532‑A
Admissibility of graphic, numerical, symbolic or pictorial representations of medical or diagnostic tests
4532‑B
An image, map, location, distance, calculation, or other information taken from a web mapping service, a global satellite imaging site, o...
4533
Market reports
4533‑A
Prima facie proof of damages
4533‑B
Proof of payment by joint tort-feasor
4534
Standard of measurement used by surveyor
4536
Proof of writing by comparison of handwriting
4537
Proof of writing subscribed by witness
4538
Acknowledged, proved or certified writing
4539
Reproductions of original
4540
Authentication of official record of court or government office in the United States
4540‑A
Presumption of authenticity based on a party’s production of material authored or otherwise created by the party
4541
Proof of proceedings before justice of the peace
4542
Proof of foreign records and documents
4543
Proof of facts or writing by methods other than those authorized in this article
4544
Contracts in small print
4545
Admissibility of collateral source of payment
4546
Loss of earnings and impairment of earning ability in actions for medical, dental or podiatric malpractice
4547
Compromise and offers to compromise
4548
Privileged communications
4549
Admissibility of an opposing party’s statement
4550
Admissibility of evidence related to legally protected health activity
4551
New York voting and elections database

Accessed:
Oct. 26, 2024

Last modified:
Aug. 6, 2021

§ 4519’s source at nysenate​.gov

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