Surrogate Nelida Malave-Gonzalez
In a contested probate proceeding, the preliminary executor moved to direct respondent's counsel to complete the service of third-party subpoenas previously so-ordered by the court. Executor also sought the information and documents obtained from such subpoenas to be provided to all parties. The subpoenas obtained from respondent's counsel sought documents from a trade union, banks, and insurance companies, among others, and also sought to compel the testimony of decedent's household aide, who witnessed the propounded instrument, but who relocated to Florida. The court granted the motion to compel respondent to produce all documents and information obtained in response to the third-party subpoenas. It noted while an attorney's work product was generally exempt from discovery, the exemption did not extend to documents made in the course of business of a non-party obtained as a result of subpoenas served on it during the course of litigation. The court also stated while any party may obtain disclosure, and place the matter on the trial calendar upon compliance with 22 NYCRR §§207.29 and 207.31, it appeared disclosure was incomplete, thus the parties were ordered to appear for a conference to set a discovery schedule.
