Law.com: N.Y. Appellate Panel Finds Dead Man’s Law Applies in Disciplinary Matter

Law.com – N.Y. Appellate Panel Finds Dead Man’s Law Applies in Disciplinary Matter

In a 4-1 decision, the appellate panel ruled that the Dead Man’s Statute did apply to a disciplinary proceeding, noting that the very language of the statute said it applied to “the hearing upon the merits of a special proceeding.”

The majority of Justices David B. Saxe, Luis A. Gonzalez and James M. Catterson said the situation In the Matter of Zalk, M-6672, clearly fit the elements of the statute and thus prevented Zalk from arguing that Gellman made an oral pledge to him. The court said it was therefore compelled to find that Zalk improperly converted client escrow funds.

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