Court Denies Motion In Limine To Preclude Testimony From Spouse

Posted: March 25, 2026 / Written by: Samuel L. Butt, Joshua Wurtzel, Channing J. Turner, Thomas A. Kissane / Categories Commercial, Evidence

Court Denies Motion In Limine To Preclude Testimony From Spouse

On March 2, 2026, in Idi v. Sela, Index No. 651527/2022, Justice Andrew Borrok denied defendant’s motion in limine to preclude his wife from testifying. The Court explained:

Mr. Sela is not correct that Ms. Siri should be precluded from testifying as a fact witness as to all matters. Spousal privilege does not provide a shield to Ms. Siri as she is being deposed on ordinary business and financial matters that were not induced by the marital relation itself (see CPLR 4502[b]; People v Melski, 10 NY2d 78, 80 [1961]; Poppe v Poppe, 3 NY2d 312, 315 [1957]). Ms. Siri’s testimony may be relevant because she was a co-owner of GNS Development Corp. (the entity Mr. Sela claims contributed capital toward the purchase of the subject premises), used personal lines of credit and accounts in connection with the subject premises and related transactions, and may have knowledge concerning the alleged post-closing agreement and its disappearance. She may also be a material witness to the formation, operation, and breakdown of the parties’ business relationship, including the accounting issues and tax audit arising from the transaction at issue. As such, Ms. Siri is not precluded from testifying. She may not however testify as to ex-marital affairs. The parties do not dispute the existence of a fiduciary relationship.

Contact the Commercial Division Blog Committee at commercialdivisionblog@schlamstone.com if you or a client have questions concerning motions in limine or evidentiary issues.