We affirm the denial of the motion on the ground that there are issues of fact, including the credibility of defendants' witnesses who submitted affidavits in support of the motion, as to whether defendants defrauded plaintiff's decedent into giving them money and signing legal documents the nature and import of which he did not understand. Without ruling on its applicability or effect at trial, defendants-movants will not be heard to assert CPLR 4519, the Dead Man's Statute...
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