N.Y. C.P.L.R. 4519

§ 4519. Personal transaction or communication between witness and\ndecedent or mentally ill person. Upon the trial of an action or the\nhearing upon the merits of a special proceeding, a party or a person\ninterested in the event, or a person from, through or under whom such a\nparty or interested person derives his interest or title by assignment\nor otherwise, shall not be examined as a witness in his own behalf or\ninterest, or in behalf of the party succeeding to his title or interest\nagainst the executor, administrator or survivor of a deceased person or\nthe committee of a mentally ill person, or a person deriving his title\nor interest from, through or under a deceased person or mentally ill\nperson, by assignment or otherwise, concerning a personal transaction or\ncommunication between the witness and the deceased person or mentally\nill person, except where the executor, administrator, survivor,\ncommittee or person so deriving title or interest is examined in his own\nbehalf, or the testimony of the mentally ill person or deceased person\nis given in evidence, concerning the same transaction or communication.\nA person shall not be deemed interested for the purposes of this section\nby reason of being a stockholder or officer of any banking corporation\nwhich is a party to the action or proceeding, or interested in the event\nthereof. No party or person interested in the event, who is otherwise\ncompetent to testify, shall be disqualified from testifying by the\npossible imposition of costs against him or the award of costs to him. A\nparty or person interested in the event or a person from, through or\nunder whom such a party or interested person derives his interest or\ntitle by assignment or otherwise, shall not be qualified for the\npurposes of this section, to testify in his own behalf or interest, or\nin behalf of the party succeeding to his title or interest, to personal\ntransactions or communications with the donee of a power of appointment\nin an action or proceeding for the probate of a will, which exercises or\nattempts to exercise a power of appointment granted by the will of a\ndonor of such power, or in an action or proceeding involving the\nconstruction of the will of the donee after its admission to probate.\n Nothing contained in this section, however, shall render a person\nincompetent to testify as to the facts of an accident or the results\ntherefrom where the proceeding, hearing, defense or cause of action\ninvolves a claim of negligence or contributory negligence in an action\nwherein one or more parties is the representative of a deceased or\nincompetent person based upon, or by reason of, the operation or\nownership of a motor vehicle being operated upon the highways of the\nstate, or the operation or ownership of aircraft being operated in the\nair space over the state, or the operation or ownership of a vessel on\nany of the lakes, rivers, streams, canals or other waters of this state,\nbut this provision shall not be construed as permitting testimony as to\nconversations with the deceased.\n