Poslock v. Teachers’ Retirement Bd. of Teachers’ Retirement System, 88 N.Y.2d 146 (1996)
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The exception to the Dead Man’s Statute (CPLR 4519) for life insurance proceeds does not extend to retirement benefits, as the deceased had a manageable interest in those benefits during their lifetime.
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Summary
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This case concerns the application of New York’s Dead Man’s Statute (CPLR 4519) to a dispute over retirement benefits. Drew Poslock, a teacher, died, leaving conflicting beneficiary designations for his retirement benefits, which included a life insurance component. The plaintiffs sought to admit testimony about conversations with Poslock regarding a third beneficiary designation. The court held that unlike life insurance proceeds, retirement benefits belonged to Poslock during his lifetime and thus testimony about conversations with him were inadmissible under the Dead Man’s Statute, except regarding the life insurance component.
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Facts
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Drew Poslock, a teacher, died. He had filed two beneficiary designations with the New York City Teachers’ Retirement System: one naming his former companion, Edward Dunne, and a later one naming Sandie Nowak. A third beneficiary designation allegedly existed, dividing the benefits among several friends and family members, including Nowak. Plaintiffs (Dunne and other family/friends) claimed Poslock executed this third designation shortly before his death. The Teachers’ Retirement System had no record of this third designation. The retirement benefits totaled $214,637.93, including approximately $50,000 of term life insurance. Poslock contributed $11,904.05 to the system during his lifetime.
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Procedural History
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The trial court allowed testimony from Dunne, Poslock’s brother, and mother about conversations with Poslock based on the life insurance proceeds exception to the Dead Man’s Statute. The jury rendered a verdict for the plaintiffs, giving effect to the third beneficiary designation. The Supreme Court rendered judgment accordingly. The Appellate Division modified, directing that Nowak receive the retirement proceeds, except for the $50,000 in term life insurance, holding that the Ward exception did not apply to the retirement benefits. The Court of Appeals granted leave to appeal.
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Issue(s)
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Whether the exception to the Dead Man’s Statute (CPLR 4519) for life insurance proceeds, as established in Ward v. New York Life Insurance Co., extends to retirement benefits payable upon death, thus allowing testimony from interested parties regarding conversations with the deceased about those benefits.
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Holding
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No, because retirement benefits, unlike life insurance proceeds,