Cheney v. Wells

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 latter’s apartment at 300 Central Park West from the early 1990s until May 2005. During that time, Joyce purchased several large life insurance policies naming…