In re LaMotta

Under SCPA 1404, any party to a probate proceeding, before or after filing objections, “may examine any or all of the attesting witnesses [or] the person who prepared the will ... as to all relevant matters which may be the basis of objections to the probate of the propounded instrument” (SCPA 1404 [4]). In addition, the party conducting such examination is entitled to “all rights granted under article 31 of the civil practice law and rules with respect to document discovery” (SCPA 1404 [4]). “As a general rule, the right of potential objectants, such as adversely affected distributees or…