New York Consolidated Laws, Civil Practice Law and Rules - CVP § 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.





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