N.Y. Civil Practice Law & Rules § 4519: Personal transaction or communication between witness and decedent or person with a mental illness

§ 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.