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Neither the spousal (see Southwick v Southwick, 49 NY 510, 518; Richardson, Evidence [10th ed -- Prince], §455) nor the physician-patient privilege (CPLR 4504, subd [c]; Davis v Supreme Lodge, Knights of Honor, 165 NY 159; 8 Wigmore, Evidence [McNaughton rev], §2341) is terminated by death alone. Both privileges, therefore, apply unless waived in some manner. 

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