1. Home
  2. Browse Decisions
  3. Misc.3d
  4. 22 Misc.3d
  5. 22 Misc.3d 502 (2008)
 

CHENEY v. WELLS

22 Misc.3d 502 (2008)

JAMES CHENEY, as Executor of CONSTANCE JOYCE CHENEY, Deceased, Plaintiff, v. DIANE WELLS, Defendant. TRANSAMERICA OCCIDENTAL LIFE INSURANCE COMPANY, Plaintiff, v. DIANE WELLS et al., Defendants.

Surrogate's Court, New York County.

September 23, 2008.

Attorney(s) appearing for the Case

Kornstein Veisz Wexler & Pollard, LLP, New York City (Ina R. Bort and Daniel Kornstein of counsel), for James Cheney, plaintiff.

Kupferman & Kupferman LLP, New York City (Stephanie E. Kupferman of counsel), Wachtel & Masyr LLP, New York City (Howard Elman of counsel), and Law Offices of Gerald Shargel, New York City (Gerald L. Shargel of counsel), for Diane Wells, defendant.

OPINION OF THE COURT

KRISTIN BOOTH GLEN, J.

This in limine motion raises a question of apparent first impression about the use of a deposition taken of a since deceased witness without full adherence to the procedural requirements of CPLR 3113. First, however, a brief factual and procedural history is in order.

Facts

Respondent Diane Wells and James Richard Cheney are brother and sister. Diane lived with their mother, Joyce Cheney in the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases