CHENEY v. WELLS

2007-1573

2008 NY Slip Op 28480

JAMES CHENEY, as Preliminary Executor of CONSTANCE JOYCE CHENEY, Deceased, Plaintiff, v. DIANE WELLS, Defendant. TRANSAMERICA OCCIDENTAL LIFE INSURANCE COMPANY, Plaintiff, v. DIANE WELLS and JAMES CHENEY, as Preliminary Executor of the ESTATE OF CONSTANCE CHENEY, Deceased, Defendants.

Surrogate's Court of the City of New York, New York County.

Decided November 5, 2008.


KRISTIN BOOTH GLEN, J.

This motion to withdraw as counsel raises serious and important issues about the obligations of the court and of counsel when it appears that a client who is a defendant in a civil action lacks capacity to assist or participate in the defense of that action.

Movant represents Diane Wells ("Diane"), defendant in an action initially brought in Supreme Court, New York County by her now-deceased mother, Joyce Cheney ("Joyce"). Following...

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