In re Trump

• Citation: 68 Misc.3d 593,126 N.Y.S.3d 901
• Decision Date: 25 June 2020
• Docket Number: 1999-3949/A
• Parties: In the MATTER OF Fred C. TRUMP a/k/a Frederick Christ Trump, Deceased.
• Court: New York Surrogate Court

68 Misc.3d 593
126 N.Y.S.3d 901

In the MATTER OF Fred C. TRUMP a/k/a Frederick Christ Trump, Deceased.

1999-3949/A

Surrogate's Court, New York, Queens County.

Decided on June 25, 2020

126 N.Y.S.3d 902

Charles J. Harder, Esq., Harder, LLP, 100 Park Avenue 16th Floor, New York, New York 10017

James D. Kiley, Esq., Kiley, Kiley & Kiley, PLLC, 3000 Marcus Avenue Suite 3W07, Lake Success, NY 11042

John J. Barnosky, Esq., Farrell Fritz, P.C.,

Veronica Jordan, Esq., EVP and General Counsel, Simon & Schuster

Peter J. Kelly, S.

68 Misc.3d 594

Documents seeking various forms of relief have been submitted to the court bearing the above caption. The initial set of documents are an Order to Show Cause in support of a motion for preliminary injunction and temporary restraining order. It is accompanied by an emergency affirmation of counsel and an affidavit by Robert S. Trump.

The second set of documents contain a Notice of Petition, and a petition seeking a permanent injunction, damages and declaratory relief. Again, the petitioner is Robert S. Trump. Respondents in both sets of submissions are Mary Trump, who is petitioner's niece, and Simon & Schuster.

Essentially petitioner seeks to enjoin the respondents from publishing a book, the subject of which allegedly encompasses discussions of familial relations between various members of the Trump clan. Robert claims such publication would be violative of the terms of a non-disclosure/confidentiality agreement contained in a stipulation of settlement signed by Robert, his siblings Donald and Mary, as well as the respondent and her brother Fred. This document resolved contested probate proceedings in the estates of Fred C. Trump and his spouse Mary Trump, as well as two other related Supreme Court actions.

At the outset, the court finds that the submissions suffer from several improprieties. First, a preliminary injunction is an order obtained by motion in a pending action or special proceeding ( CPLR § 6301 ; 103(b)). The caption utilized refers to a probate proceeding which terminated in 2001 by entry of a decree and is, therefore, non-existent. Consequently, a motion seeking injunctive relief may not be made in that proceeding. To the extent the accompanying petition, bearing the same caption, is supposed to provide the jurisdictional basis for said motion, it cannot do so as that petition is fatally defective.

The petition seeks, among other things, a permanent injunction against respondents enjoining them from publishing any account of Mary's relationship with family members who are

68 Misc.3d 595

parties to the settlement agreement. Additionally, it seems a declaratory judgement that Mary is "violating her obligations under the settlement agreement" is sought.

Insofar as the petition seeks a declaratory judgment, this forum is...