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ESTATE OF KALMAN MAX, Deceased

ESTATE OF KALMAN MAX, Deceased. (345070/C) — In this contested accounting proceeding, the petitioning executor J. Philip Max moves for an order compelling objectant Jonathan Max to answer interrogatories and comply with a written document demand dated November 22, 2013. The motion is opposed and decided as set forth herein.

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ESTATE OF KALMAN MAX, Deceased. (345070/C) — In this contested accounting proceeding, the petitioning executor J. Philip Max moves for an order compelling objectant Jonathan Max to answer interrogatories and comply with a written document demand dated November 22, 2013. The motion is opposed and decided as set forth herein.

Since the filing of the account and the petition to settle filed in 2011, these proceedings have been mired in vituperative paper exchanges between counsel for the parties and this motion is no different. Some factual backdrop is recited in the court’s prior decisions [Nos. 28302 and 28955] and need not be repeated here. Finally at the tail end of objectant’s SCPA/CPLR discovery of petitioner, the executor began discovery of the respondent by the service of interrogatories dated November 7, 2013 and a demand for the production of documents dated November 22, 2013. Appropriate answers to the former were not forthcoming [a letter from counsel was sent]. A timely response to the document demand was made on December 13, 2013 which consists of general and specific objections and the response “NONE” as to items ##2 and 3. It does not appear that any documents themselves were produced.

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