Legislation
SECTION 4502
Spouse
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 45
§ 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.
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.