Richmond (P) sued Brooks (D) in New York to collect loans she had made to him when they were married. D is a resident of New York, and P is a resident of California. At the trial, P offered her deposition as proof of the loans. P in fact did not appear, and the deposition had been taken years prior to the trial. The court refused that proof and dismissed the action. The court refused to grant a mistrial or an adjournment. The trial court held that D was entitled to require the presence of P and was entitled to cross-examine her before the jury. P appealed.

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