Under NY DMA, which scenario constitutes a waiver of the Dead Man's Act?

• A. The successor in issue is put in issue.
• B. The successor waives the act.
• C. The dead party's testimony is introduced.
• D. The proceedings involve a criminal action.

Answer: (C)

The key idea is that the Dead Man’s Act in New York restricts a living party from testifying about transactions or communications with a deceased person in civil cases. A waiver happens when the decedent’s own testimony is admitted into the record. Once the dead party’s statements are before the court, the concern about bias or self-serving testimony is addressed, so the restriction no longer applies for those matters. Therefore, introducing the decedent’s testimony waives the Dead Man’s Act for the related issues. The other scenarios don’t involve the decedent’s own statements being read or admitted, and in criminal proceedings the Dead Man’s Act doesn’t apply at all, so they aren’t waivers.