Movant: Attorney for Martin Evans, as guardian of the property of Shari Perl (and for Shari Perl), Represented by : Bressler, Amery & Ross, P.C., 17 State Street, New York 10004, 212 425–9300 Cross–Movant: Andrea Perl, Represented by : John V. Henry, 44 Church Street, White Plains, NY 10601 Defendant Gerald Shallo, By: Annmarie P. Venuti LLC, One Brush Hill Road, Suite 207 New Fairfield, CT 06812 (listed as attorneys for Herbert Rubin and Martin Evans, trustees), Herzfeld & Rubin, PC, 125 Broad Street, New York NY 10004 Defendant Stephen Rosen, By : Donald Liberman, Esq, 152 Harrison Avenue, Garfield, NJ 07026 Rebecca Perl and Bridget Hannah Herman, nominal defendants, By: McCanliss & Early, LLP 88 Pine Street, New York, NY 10005 Defendant Dean Palin, By: Donovan Wickline, PC, 32 West 22nd Street, LLC, 45 Pineapple Street, Brooklyn, NY 11201 Michele Kahn, Esq, Kahn & Goldberg, LLP, 708 Third Avenue, 19th Floor, NY, NY 10017
The following papers were read on this motion for
Notice of Motion/Order to Show Cause—Affidavits—Exhibits 1–2, Exh A–M
Answering Affidavits—Exhibits 3,4, Exh 1–5
Replying Affidavits 5, Exh A–F
Martin Evans, who at the time was the guardian of plaintiff Shari Perl, brought this motion, sequence 68, in 2011. The motion seeks to dismiss the counterclaims which defendant Andrea Perl brought against him. Defendant Andrea Perl cross-moved for permission to sue Martin Evans and for the appointment of a separate guardian ad litem for Shari Perl's daughter Bridget Hannah Herman. The reply papers are dated June 29, 2011.
Mr. Evans was appointed as Shari Perl's guardian pursuant to an Article 81 proceeding which her mother, Rebecca Perl, commenced in 2006. On November 4, 2011, Martin Evans died. This case was stayed for this and other reasons until June 26, 2017, when Justice Lucy Billings granted motion sequence number 79 and lifted the stay. By this point, Mr. Evans had been substituted as Shari Perl's guardian. The new guardian is Nina Epstein, and the parties have amended the caption to substitute her name for that of Martin Evans.
In light of the above, Martin Evans no longer is part of this lawsuit. Therefore, this Court lacks jurisdiction over him. Andrea Perl must proceed against him separately, if she desires to continue litigating her counterclaims, or else add him as a party to this lawsuit. Moreover, because he is deceased, any claims against him should be asserted against his estate. Accordingly, it is
ORDERED that the motion and cross-motion are denied.
Carmen Victoria St. George, J.
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