Legal Opinion
Poslock v. Teachers' Retirement Board of Teachers' Retirement System
New York Court of Appeals
Decided April 25, 1996PublishedCited by 16 opinions
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
This case involves the evidentiary prohibition now found in CPLR 4519, commonly referred to as the "Dead Man’s Statute.” The issue is whether conversations, between a decedent and parties contesting rights to decedent’s retirement benefits, fall within an exception to this testimonial bar that relates solely to life insurance proceeds (see, Ward v New York Life Ins. Co., 225 NY 314).
The dispute concerns lump-sum benefits, payable on decedent Drew Poslock’s death, under a retirement-pension plan that included a life insurance component. The Appellate Division…
2Cases cited4 opinions
- Ward v. New York Life InsuranceNew York Court of Appeals · 1919
- In re the Estate of WoodNew York Court of Appeals · 1981
- Duncan v. ClarkeNew York Court of Appeals · 1955
- Baumel v. Travelers InsuranceDistrict Court, E.D. New York · 1959
3Cited by16 opinions
- Whitehead Ex Rel. Estate of Whitehead v. Pullman Group, LLCCourt of Appeals for the Third Circuit · 2016
- Sepulveda v. AvilesAppellate Division of the Supreme Court of the State of New York · 2003
- Cinquemani v. LazioAppellate Division of the Supreme Court of the State of New York · 2007
- Amica Mutual Insurance v. Kingston Oil Supply Corp.Appellate Division of the Supreme Court of the State of New York · 2015
- Glatter v. BortenAppellate Division of the Supreme Court of the State of New York · 1996
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