Surrogate Edward McCarty III
Movant executor Marianne Nestor Cassini sought to quash subpoenas. Objectant Chrinstina Cassini served subpoenas on the accountants hired by the executor, and executor’s former attorneys. The subpoenas sought production of documents including federal and estate tax returns, among others. Marianne argued the subpoenas violated attorney-client privilege. Christina argued dismissal was warranted as movant’s attorney failed to comply with 22 NYCRR 202.7 despite filing an affirmation of good faith. The court stated where filing a good faith affirmation would be futile, courts have waived the requirement. Here, the court issued 17 decisions, and multiple motions were pending. Documents evidenced the apparent inability of the parties to resolve issues, and animosity between attorneys. Thus, the filing of a good faith affirmation in any pending case in the matter was waived as futile. The motion to dismiss for not adhering to the requirements of 22 NYCRR 202.7 was denied. As the client did not waive attorney-client privilege, the court would not make a decision on the subpoenas without permitting counsel to prepare a privilege log. It prohibited the parties from making future discovery motions until after counsel appeared for conference before a court attorney referee.
