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ALEJANDRO ESTRELLA, plf., v. CARMEN Y. MORALES, AS ADMINISTRATOR OF THE ESTATE OF HECTOR MADERA, def.

ALEJANDRO ESTRELLA, plf., v. CARMEN Y. MORALES, AS ADMINISTRATOR OF THE ESTATE OF HECTOR MADERA, def. (04/1913A) — In the contested motion, Carmen Y. Morales (the defendant) moves, inter alia, to vacate the Note of Issue and Certificate of Readiness filed in the underlying action by Alejandro Estrella (the plaintiff), on the grounds that discovery has not yet been completed. The plaintiff opposes the motion to vacate, asserting that the motion is untimely and that no special or unusual circumstances exist to justify granting the motion in light of the delay.

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ALEJANDRO ESTRELLA, plf., v. CARMEN Y. MORALES, AS ADMINISTRATOR OF THE ESTATE OF HECTOR MADERA, def. (04/1913A) — In the contested motion, Carmen Y. Morales (the defendant) moves, inter alia, to vacate the Note of Issue and Certificate of Readiness filed in the underlying action by Alejandro Estrella (the plaintiff), on the grounds that discovery has not yet been completed. The plaintiff opposes the motion to vacate, asserting that the motion is untimely and that no special or unusual circumstances exist to justify granting the motion in light of the delay.

Hector Madera (the decedent) died, intestate, on November 23, 1990, survived by his spouse, the defendant herein, and their two minor sons. At the time of his death, the decedent was the sole owner of a parcel of real property located at 427 Central Avenue, Brooklyn, New York (the real property). The complaint in the instant action seeks specific performance of a contract for the sale of the real property, which contract was executed on or about August 1, 2009, by the plaintiff, as purchaser, and the defendant, as administrator of the estate of the decedent.1 The factual background of the instant action is amply set forth in this court’s decision dated June 12, 2012, which denied a motion by the defendant to dismiss the complaint for failure to state a cause of action and for failure to include necessary parties.

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