Is there any case law where a witness has been found to have substantially the same knowledge as that of an incompetent witness?
"New York", United States of America
The following excerpt is from Moritz' Will, In re, 10 Misc.2d 101, 168 N.Y.S.2d 385 (N.Y. Surr. Ct. 1957):
In Bartlett v. Sanford, supra [244 App.Div. 722, 278 N.Y.S. 580], the court said: 'The witness sought to be examined apparently has substantially the same knowledge that either the plaintiff or the incompetent person would have, and evidently is the only person who can testify
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