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 Apr. 20, 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
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Accessed:
Apr. 20, 2024

Last modified:
Aug. 6, 2021

§ 4519’s source at nysenate​.gov

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