Matter of Hilda Geffen Trust

2019 N.Y. Slip Op. 3337 (App. Div. 2019) · Supreme Court of the State of New York, Appellate Division, Second Judicial Department · May 1, 2019 · No. 2016-13015

Summary

The Appellate Division, Second Department, affirmed an order denying objectants’ motion to compel discovery concerning attorneys’ fees billed to trustees of the Hilda Geffen Trust. The court held that discovery concerning fees agreed upon in a settlement agreement was irrelevant and immaterial, and found the remaining contentions academic in light of a related appeal.

Holdings

  1. The Surrogate's Court providently exercised its discretion in denying the objectants' motion to compel discovery regarding the agreed-upon attorneys' fees because the discovery demands were irrelevant and immaterial.

Questions Presented

  1. Whether the Surrogate's Court properly denied the objectants' motion to compel discovery concerning attorneys' fees covered by the parties' settlement agreement.
  2. Whether the objectants' remaining contentions warranted appellate relief.

Disposition

affirmed

Cases Cited (2)

  • Matter of Miller, 132 AD3d 768(followed)
  • Matter of Hilda Geffen Trust, Appellate Division Docket No. 2017-11300, decided herewith(related proceeding)

Cited In (0)

No citing cases on record yet.

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