Legal Opinion

Poslock v. Teachers' Retirement Board of the Teachers' Retirement System

Appellate Division of the Supreme Court of the State of New York

Decided April 4, 1995PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Tom, J.

This appeal raises the issue of the applicability of the "Dead Man’s Statute” (codified as CPLR 4519) to testimony regarding oral communications with a decedent concerning the distribution of the decedent’s retirement death benefits and pension funds (Retirement Benefits).

Decedent Drew Poslock, who was employed as a New York City public, school teacher, died on May 20, 1990 as the result of a cancerous condition. Plaintiffs Chris Poslock and Beryl Pakosh are decedent’s brother and mother, respectively. Plaintiff Edward Dunne was decedent’s friend and confidant as…

2Cases cited11 opinions

  1. Nachman Corp. v. Pension Benefit Guaranty CorporationSupreme Court of the United States · 1980
  2. Schozer v. William Penn Life InsuranceNew York Court of Appeals · 1994
  3. Ward v. New York Life InsuranceNew York Court of Appeals · 1919
  4. In Re the Will of PutnamNew York Court of Appeals · 1931
  5. In re the Estate of WoodNew York Court of Appeals · 1981

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3Cited by2 opinions

  1. Amica Mutual Insurance v. Kingston Oil Supply Corp.Appellate Division of the Supreme Court of the State of New York · 2015
  2. King v. United StatesUnited States Court of Federal Claims · 2022

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