CPLR § 4519

CPLR § 4519 Personal transaction or communication between witness and decedent or mentally ill person

Stewart v Maitland, 2009 NY Slip Op 00051 (App. Div., 2nd)

Judgment, Supreme Court, New York County (Karla Moskowitz, J.),
entered November 7, 2007, awarding plaintiff $2,866,402.75 against
defendants Maitland, Guida, International Registries and Oban,
unanimously affirmed, with costs.

Since plaintiff's counsel's opening statement at trial was not
part of the evidence, it did not "open the door" to conversations
between the decedent and the judgment debtors herein, or otherwise
constitute a waiver of the provisions of CPLR 4519, concerning the
subject memorandum of agreement
(see Matter of Wood, 52 NY2d 139 [1981]; cf. Matter of Beradini, 238 App Div 433, 435 [1933], affd 263 NY 627 [1934]).

The bold is mine.

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