PERL v. PERL (2018)

The following papers were read on this motion for

PAPERS/NUMBERED

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.