Cheney v. Wells

OPINION OF THE COURT

Kristin Booth Glen, S.

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, defendant in an action initially brought in Supreme Court, New York County, by her now-deceased mother, Joyce Cheney. Following Joyce’s death, her son, and Diane’s brother, James Cheney, preliminary executor of Joyce’s estate, was substituted as plaintiff. While there…