In re the Estate of Vergo

OPINION OF THE COURT

Arnold F. Ciaccio, S.

This is a motion pursuant to CPLR 3211 (b) which seeks an order dismissing the respondent’s affirmative defense of the Statute of Limitations in a proceeding that seeks to recover from the respondent various debts claimed to be owing to the estate of Joseph Vergo.

The petitioner is the administrator c. t. a. who was appointed as such to replace the prior coexecutors on the grounds of irreconcilable differences between them. The respondent is one of the previously removed coexecutors and *620was a brother to the decedent. In previous court proceedings,…