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Artists Rights Enforcement Corp. v. Estate of King

State's 'Dead Man Statute' Interpreted in Allowing Testimony About Oral Contract

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OPINION AND ORDER

*1 The question presented by this motion in limine is at once antiquated and novel. At issue is New York’s antediluvian “dead man’s statute.” In broad strokes, the statute prohibits a witness from testifying about communications with a dead person if the witness is an interested party in the litigation. In other words, if A has a conversation with B and B dies, A cannot testify about that conversation if A is an interested party in the litigation. Plaintiff Artists Rights Enforcement Corporation (“AREC”) claims that its former sole shareholder, Charles Rubin, entered into an oral contract on AREC’s behalf with the late, legendary R&B singer Ben E. King. The question is whether Rubin, who has since sold his AREC shares to his wife, can testify about that conversation with Ben E. King. For the reasons that follow, he may.I. BackgroundThis suit is about the rights to two Ben E. King songs: “Stand by Me” and “There Goes My Baby.” AREC claims that it acquired royalty rights to the two songs from Ben E. King. Defendants are Ben E. King’s heirs and his estate.

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