While incapacity for the purpose of guardianship is not dispositive as to capacity to testify in a legal proceeding (see Mental Hygiene Law § 81.29 [b]; Barker v Washburn, 200 N.Y. 280, 282-283 [1911]), the IAS court had ample, additional information from which to conclude that Dr. McKinley lacks the requisite capacity to testify either at an examination before trial or at trial (see Brown v Ristich,
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ROSS v. WAZNE
1 A.D.3d 167 (2003)
766 N.Y.S.2d 844
JERROLD ROSS, Respondent, v. KAMEL WAZNE, Appellant, et al., Defendant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
November 13, 2003.
November 13, 2003.
Appellate Division of the Supreme Court of the State of New York, First Department.
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