• Surrogate's Court, Kings County
  • 10/4385/B
  • Apr 06 2017 (Date Decided)
  • Surrogate Lopez Torres
ESTATE OF KENNETH MOSCOT, Deceased (10/4385/B) — In this contested miscellaneous proceeding, Amy Berlin (Berlin) moves to compel Harvey Moscot (Harvey) to produce certain documents related to the governance and management of a family-held optical corporation (the Moscot entities), asserting that such material is necessary to a proper valuation of the Moscot entities and the interest purported to be held therein by the estate of Kenneth Moscot (the decedent). Harvey objects, asserting alternatively that i) Berlin lacks standing to seek the relief requested, ii) the motion seeks information beyond the scope of the relief sought in the underlying petition for advice and direction brought by Michael Waters (Waters), as executor of the decedent's estate, iii) the request is premature, and iv) the court lacks subject matter jurisdiction to grant the relief requested. Waters supports Berlin's motion in part, joining Berlin in her request for certain corporate documents in the event that the estate is determined to be a shareholder in the Moscot entities.

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