POSLOCK v. RET. BD.


88 N.Y.2d 146 (1996)

666 N.E.2d 528

643 N.Y.S.2d 935

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

Court of Appeals of the State of New York.

Decided April 25, 1996.


Attorney(s) appearing for the Case

Bradley B. Davis, New York City, for appellants.

Gallagher Gosseen & Faller, Garden City (Michael J. Crowley and Robert A. Faller of counsel), for respondents.

Chief Judge KAYE and Judges SIMONS, TITONE, SMITH and LEVINE concur; Judge CIPARICK taking no part.


BELLACOSA, J.

This case involves the evidentiary prohibition now found in CPLR 4519, commonly referred to as the "Dead Man's Statute." The issue is whether conversations, between a decedent and parties contesting rights to decedent's retirement benefits, fall within an exception to this testimonial bar that relates solely to life insurance proceeds (see, Ward v New York Life Ins. Co., 225 N.Y. 314...

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