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POSLOCK v. TEACHERS' BD.

209 A.D.2d 87 (1995)

Chris Poslock et al., Respondents, v. Teachers' Retirement Board of the Teachers' Retirement System et al., Defendants, and Sandie Nowak et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

April 4, 1995

Attorney(s) appearing for the Case

Michael J. Crowley of counsel (Robert A. Faller on the brief; Gallagher Gosseen & Faller, attorneys), for appellants.

Bradley B. Davis for respondents.

ROSENBERGER, J. P., WALLACH and ASCH, JJ., concur.

TOM, J.

This appeal raises the issue of the applicability of the "Dead Man's Statute" (codified as CPLR 4519) to testimony regarding oral communications with a decedent concerning the distribution of the decedent's retirement death benefits and pension funds (Retirement Benefits).

Decedent Drew Poslock, who was employed as a New York City public school teacher, died on May 20, 1990 as the result of a...

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