Under NY DMA, may testimony be admitted about communications the decedent had with others?

Under NY DMA, may testimony be admitted about communications the decedent had with others?

• A. Yes, always
• B. No, not at all
• C. Yes, if offered by the decedent's spouse
• D. Yes, but only if communications were written

Answer: (B)

In New York, the Dead Man’s Act bars testimony by an interested party about statements or communications the decedent had with others. The rule is designed to prevent a party with a stake in the outcome from using the decedent’s statements to win a case. Applying that here, any person who has an interest in the case (including a spouse or other beneficiary) cannot testify about conversations or communications the decedent had with someone else. The form of the communication doesn’t matter—oral or written—or who is testifying. There isn’t a valid exception for a spouse or for written communications under the DMA; such testimony is not admissible. Only a disinterested witness could testify about the decedent’s statements, if at all, under the statute.

In New York, the Dead Man’s Act bars testimony by an interested party about statements or communications the decedent had with others. The rule is designed to prevent a party with a stake in the outcome from using the decedent’s statements to win a case.

Applying that here, any person who has an interest in the case (including a spouse or other beneficiary) cannot testify about conversations or communications the decedent had with someone else. The form of the communication doesn’t matter—oral or written—or who is testifying. There isn’t a valid exception for a spouse or for written communications under the DMA; such testimony is not admissible. Only a disinterested witness could testify about the decedent’s statements, if at all, under the statute.