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New York County, Surrogate's Court: August 2, 2018

New York County, Surrogate's Court: August 2, 2018

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Surrogate MellaESTATE OF JEROME M. COHEN, Deceased (16-4394) – At the call of the July 11, 2018 calendar, the court first denied petitioners’ cross-motion and then denied respondents’ motion in the probate proceeding in the estate of Jerome M. Cohen.Respondents had moved for: (1) an order directing petitioners to produce documents that petitioners contended were subject to the attorney-client privilege and/or represented attorney work product and (2) authority to depose Jack Siegel without triggering the in terrorem clause in the propounded instruments (see SCPA 1404 [4] and EPTL 3-3.5 [b] [3] [D]), and related relief. Petitioners had opposed the motion and cross-moved for an “Order striking or, in the alternative, disregarding the Affirmation of Anne C. Bederka, dated May 11, 2018, with exhibits,” along with an award of costs and disbursements.Respondents demonstrated neither an exception to the attorney-client privilege or attorney work product doctrine that would apply to the requested documents nor the relevance of the requested documents to a decision to object to probate. In addition, respondents failed to demonstrate that Jack Siegel’s examination “may provide information with respect to the validity of the [propounded instruments] that is of substantial importance or relevance to a decision to file objections” (SCPA 1404 [4] and EPTL 3-3.5 [b] [3] [D]).This decision, together with a transcript of the July 11, 2018 proceedings, constitutes the order of the court.Dated: August 1, 2018

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