Novaro v. Jomar Real Estate Corp.

—Order, Supreme Court, New York County (Marilyn Shafer, J.), entered on or about April 10, 2000, which denied plaintiffs motion to substitute the successor executors of defendant estate, and to restore the action to the trial calendar, unanimously reversed, on the law and the facts, without costs, and the motion granted.

The death of defendant estate’s executor precluded further proceedings against the estate, including the conference at which the case was marked off the calendar, until a successor was appointed (CPLR 1015, 1021). Thus, at least as against the estate, the ensuing CPLR 3404…