Start with In re Wood (waiver) and go from there . . .
52 N.Y.2d 139, 418 N.E.2d 365, 436 N.Y.S.2d 850
In the Matter of the Estate of Robert S. Wood, Deceased. Nathan M. Medwin, as Executor of Robert S. Wood, Deceased, Appellant; Frank H. Purzycki et al., Respondents.
Robert R. Sappe, Esq.
Feldman, Kleidman, Collins & Sappe, LLP
995 Main St., P.O. Box A
Fishkill, NY 12524
(845)897-5199
www.FKCS.law
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To: list
*** Member’s Message ****
Sender: Peter Taglia
Date: 11/4/2024 7:15:33 PM
The plaintiff’s attorney, Brian Shochet, is seeking to preclude various defendants from testifying as to conversations with the decedent in a failure to dx cancer (multiple myleoma) case. As pertains to my client and a codefendant, he wants to prevent them from testifying as to DC instructions advising f/u with previously treating docs while claiming that they were inadequate and having children, one. of whom was present at DC, give a contrived version of them (that their mother was told only to f/u in the sense of keeping “whatever” appointments she had with them). It seems to me that once he goes into the D/C, he waives any protection under the DM statute. I have one case (saying that the DM statute is a sword not a shield). Does anyone have any others
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