MATTER OF LAMOTTA

2011-10872.

101 A.D.3d 1009 (2012)

956 N.Y.S.2d 177

2012 NY Slip Op 8738

In the Matter of RICHARD E. LAMOTTA, Deceased. ROBERT ORNSTEIN et al., Respondents; ROBERT B. GURIAN, GUARDIAN ad Litem for MARIKA NADEL-LAMOTTA, et al., Respondents; KATHERINE AVERY LAMOTTA, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

December 19, 2012.


Ordered that the decree is reversed, on the law, with costs, the application to conduct examinations and discovery pursuant to SCPA 1404 is granted, and the matter is remitted to the Surrogate's Court, Westchester County, for further proceedings in accordance herewith.

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...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases