Justice Francesca Connolly
Two consolidated actions relate to an interpretation and enforcement of a purchase money note and mortgage secured by the subject property. Rajic, decedent's companion, sought a declaratory judgment that she was indebted to Fouste, the executrix of decedent's estate, and be permitted to pay the estate $1,373.27 a month over a 12 year period in accordance with the note and mortgage, and the parties' stipulation. Decedent sold her residence to Rajic in 2002 for a reduced price to account for a life estate in decedent's favor. She executed a satisfaction of mortgage discharging Rajic's obligations under the note and mortgage in 2004. The estate sought, and was granted, to have a 2003 will and satisfaction of mortgage invalidated based on undue influence. The court found the numerous settlement conferences held in this matter achieved the goals of mandatory conference requirements of CPLR 3408, satisfying the statute. Also, Rajic's delay in requesting the conference estopped her from requesting any further settlement conferences under §3408. The court stated Rajic's February 2004 payment, well in excess of the monthly installment, did not serve to reduce the amount required for her monthly payments. Thus, Rajic's motion was dismissed.
