In re Aoki
| Decision Date | 16 November 2022 |
| Docket Number | s. 2008-2604/H/I,2008-2604/F |
| Citation | 2022 NY Slip Op 33879 (U) |
| Parties | In the Matter of the Application of Devon Aoki and Steven Aoki as Beneficiaries of the Trust Created under Article VIII of the Will of ROCKY H. AOKI, also known as Hiroaki Aoki, Deceased, to Revoke the Letters of Trusteeship Issued to Keiko Ono Aoki as Trustee of the Trust. In the Matter of the Judicial Settlement of the First Intermediate Account of Proceedings of Keiko Ono Aoki as Trustee of the Trust under Article VIII of the Will of ROCKY H. AOKI, also known as Hiroaki Aoki, Deceased. |
| Court | New York Surrogate Court |
Unpublished Opinion
DECISION AND ORDER
The following papers were considered in determining these three motions regarding discovery in the above-captioned matters:
Document Numbered
Notice of Motion, dated August 19, 2022, to Compel, etc. by Devon and Steven Aoki, with Affirmation, dated August 19, 2022, of Andrew M. Goldsmith, Esq., attaching Exhibits 1,2
Notice of Motion, dated August 26, 2022, to Compel, etc., by Guardian ad Litem Jessica M. Baquet, Esq. (GAL), with Affirmation of Jessica M. Baquet, Esq., attaching Exhibits 3,4
Notice of Cross-Motion, dated September 13, 2022, to Compel etc., by Keiko Ono Aoki, with Affirmation, dated September 13, 2022 of Jordan Pietzsch, Esq., attaching Exhibits 6,7
Reply Affirmation, dated September 28, 2022, of Jessica M. Baquet Esq., in Further Support of GAL Motion, attaching Exhibits 9
Reply Affirmation, dated September 23, 2022, of Andrew M Goldsmith, Esq., attaching Exhibits 11 At the call of the calendar on October 28,2022, the court granted in part and denied in part three motions: a motion by the guardian ad litem (GAL) and a motion by Devon Aoki and Steven Aoki (Devon and Steven) to compel discovery from Keiko Ono Aoki (Keiko), and a cross-motion by Keiko to compel disclosure from Devon and Steven.[1] The underlying proceedings are those by Devon and Steven to remove Keiko as trustee of the trust established under the will of her spouse, decedent Rocky Aoki, and the separate but related proceeding by Keiko to settle her account as trustee to which Devon and Steven two of decedent's children, and the GAL have objected. The parties are conducting discovery jointly in these proceedings because issues in them overlap.
With respect to that portion of motion by Devon and Steven to compel the disclosure of the unredacted estate tax return,[2] the court denied the motion on the ground that the activities of Keiko as the executor of decedent's estate are not at issue in this trustee accounting proceeding.
Regarding those parts of the motions by the GAL and Devon and Steven for disclosure of unredacted copies of legal fee invoices,[3] the court granted the motion to the extent that Keiko was directed to provide to the court and serve on the other parties no later than November 18, 2022, a revised privilege which combines all the assertions of privilege contained in previously exchanged privilege logs into one document and which specifies for each entry the particular court proceeding or action for which attorney advice was given and in what capacity Keiko received the advice. As to each entry on the revised log, the court further directed Keiko to confirm that the advice she received from counsel did or did not relate to the administration of the trust or its assets, including Benihana of Tokyo (BOT).
Keiko's cross-motion, which focused on the completeness of Devon and Steven's privilege log, was granted solely to the extent of directing Devon and Steven to serve on Keiko and file with the court no later than November 18, 2022, a revised privilege log providing greater and more specific detail in the description of the documents withheld by them on privilege grounds.[4]
Regarding that portion...
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