Under NY DMA, may testimony be admitted about communications the decedent had with others?

• A. Yes, always
• B. No, not at all
• C. Yes, if offered by the decedent's spouse
• D. Yes, but only if communications were written

Answer: (B)

In New York, the Dead Man’s Act bars testimony by an interested party about statements or communications the decedent had with others. The rule is designed to prevent a party with a stake in the outcome from using the decedent’s statements to win a case.

Applying that here, any person who has an interest in the case (including a spouse or other beneficiary) cannot testify about conversations or communications the decedent had with someone else. The form of the communication doesn’t matter—oral or written—or who is testifying. There isn’t a valid exception for a spouse or for written communications under the DMA; such testimony is not admissible. Only a disinterested witness could testify about the decedent’s statements, if at all, under the statute.