Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

New York County, Surrogate's Court: August 13, 2018

New York County, Surrogate's Court: August 13, 2018

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Surrogate Anderson

ESTATE OF ERNST NEIZVESTNY, Deceased (17-910) — In this pre-objection stage of a proceeding to probate a copy of a will, proponent (decedent’s spouse) moves for a protective order prohibiting decedent’s daughter and her attorneys from making statements to the media in connection with information they obtain through discovery. The daughter opposes the motion and cross-moves for an order directing proponent to respond to her discovery demands. At the call of the calendar, the court denied the protective order, granted the cross-motion, and directed the parties to proceed with SCPA 1404 discovery forthwith.BackgroundDecedent was an artist of some renown, especially in his birthplace of Russia. His spouse offered for probate a copy of an instrument purporting to be his will, alleging that the original was destroyed in a fire. The instrument leaves his entire estate to his spouse, to the exclusion of his daughter.Proponent argues that decedent’s daughter and her attorneys have made false or misleading statements to Russian media outlets and that such disclosures may have a prejudicial effect in a jury trial. In addition, she argues that the sale of decedent’s artwork will be negatively impacted by such disclosures.Although a court has discretion to deny, limit, condition, or regulate the use of any disclosure device (CPLR §3103[a]), a court must be mindful of the serious First Amendment implications of such ruling. Here, a review of the record fails to disclose a necessity for prior restraints, and the imposition of a gag order would be, therefore, constitutionally impermissible (Rosenberg Diamond Dev. Corp v. Appel, 290 AD2d 239 [1st Dept. 2002]; Matter of Stern, NYLJ, May 11, 2015, at 22, col 1 [Sur Ct, NY County]). The court also takes note that proponent has other means of legal redress against a publisher of false information.Proceed accordingly.Dated: August 10, 2018

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Elite Trial Lawyers 2024
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
Go to Events Go to Webcasts
Litigation Associate

Skolnick Legal Group, P.C., a construction and commercial litigation firm with offices in New Jersey and New York is seeking a Litigation As...


Apply Now ›
Insurance Coverage Litigation Attorney - New York

Cullen and Dykman is seeking an associate attorney with a minimum of 5+ years in insurance coverage experience as well as risk transfer and ...


Apply Now ›
INSURANCE COVERAGE ASSOCIATE

McCarter & English, LLP is actively seeking a midlevel insurance coverage associate for its Newark, NJ and/or Philadelphia, PA offices. ...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements