Attorney-Drafter’s Partner Cannot Serve as SCPA 2307-a Disclosure Statement Witness

In Matter of Hess, __ Misc.3d __, _ N.Y.S.2d __, 2008 NY Slip Op 028338 (Sur. Ct. New York Co. 2008) (decided with Matter of Moss), Surrogate Roth held that a partner of the attorney-drafter is not qualified to serve as a witness to an SCPA 2307-a disclosure statement. The Surrogate reasoned that since the drafter and his partner are “affiliated,” he/she is not disinterested in the transaction and therefore ineligible to act as a witness.