New York Civil Practice Law and Rules Code § 4502

Spouse
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§ 4502. Spouse. (a) Incompetency where issue adultery. A husband or\nwife is not competent to testify against the other in an action founded\nupon adultery, except to prove the marriage, disprove the adultery, or\ndisprove a defense after evidence has been introduced tending to prove\nsuch defense.\n  (b) Confidential communication privileged. A husband or wife shall not\nbe required, or, without consent of the other if living, allowed, to\ndisclose a confidential communication made by one to the other during\nmarriage.\n

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