Credit: Mary Stark/Adobe Stock The Dead Man's Statute: Effectively Employing CPLR 4519
The authors discuss the elements and application of the "Dead Man's Statute" and offer practical guidance for practitioners to effectively employ the statute, as well as suggestions for potential applications that might not be directly apparent from the text of the statute but give effect to its underlying purpose.
August 14, 2024 at 10:00 AM
8 minute read
The evidentiary rule commonly referred to as the "Dead Man's Statute" is often an enigma to the bench and bar alike. The statute has a storied history in New York, with its roots in the common law and the first codification appearing in the mid-19th century. See Matter of Wood's Est., 52 N.Y.2d 139, 143 (1981). While it has often been criticized, it remains on the books in New York as Civil Practice Law and Rule ("CPLR") 4519. See, e.g., In re McCulloch's Will, 263 N.Y. 408, 413–14 (1934).
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