Statute · New York Civil Practice Law & Rules

N.Y. C.P.L.R. 4502 — Spouse

N.Y. C.P.L.R. 4502

Type
Statute
Source
New York Civil Practice Law & Rules
Jurisdiction
New York
Current through
Nov 5, 2026 (NY Senate Open Legislation)

§ 4502. Spouse. (a) Incompetency where issue adultery. A husband or wife is not competent to testify against the other in an action founded upon adultery, except to prove the marriage, disprove the adultery, or disprove a defense after evidence has been introduced tending to prove such defense.

Citator

N.Y. C.P.L.R. 4502 — Spouse is in force in the current edition of the Code, and nothing recorded condemns it.

§ 4502. Spouse. (a) Incompetency where issue adultery. A husband or wife is not competent to testify against the other in an action founded upon adultery, except to prove the marriage, disprove the adultery, or disprove a defense after evidence has been introduced tending to prove such defense.

(b) Confidential communication privileged. A husband or wife shall not be required, or, without consent of the other if living, allowed, to disclose a confidential communication made by one to the other during marriage.