Board of Mgrs. of Del Este Vil. IV Condominium v. Epps

2025 NY Slip Op 34388(U)

• Court: New York Supreme Court, New York County
• Decided: November 17, 2025
• Docket: Index No. 150073/2023
• Status: Unpublished

Opinion

Board of Mgrs. of Del Este Vil. IV Condominium v Epps 2025 NY Slip Op 34388(U) November 17, 2025 Supreme Court, New York County Docket Number: Index No. 150073/2023 Judge: James G. Clynes Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. INDEX NO. 150073/2023 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 11/19/2025

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. JAMES G. CLYNES PART 39M Justice -------------------.X INDEX NO. 150073/2023 THE BOARD OF MANAGERS OF DEL ESTE VILLAGE IV CONDOMINIUM, MOTION DATE 10/20/2025

Plaintiff, MOTION SEQ. NO. 001

- against- DECISION + ORDER ON BENJAMIN EPPS, AMY MONROE, MOTION Defendant.

-------------------X

BENJAMIN EPPS, AMY MONROE Third-Party Index No. 595446/2023 Plaintiff,

-against-

MILLIE FALCARO

Defendant. -------------------X

The following e-filed documents, listed by NYSCEF document number (Motion 001) 20, 21, 22, 23 were read on this motion to/for AMEND CAPTION/PLEADINGS

Upon the foregoing documents, it is ordered that the motion by defendants/third-party

plaintiffs pursuant to CPLR 1015 (a) for an Order substituting "Ben E. Epps, as Executor of the

Estate of Amy Monroe" as a party defendant and a third-party plaintiff in the above-captioned

action in place and stead of"Amy Monroe," now deceased and amending the caption of this

action and the third-party action and all pleadings accordingly, and for such other relief as the

court deems just and proper is granted without opposition to the extent set forth below.

CPLR 1015 (a) provides that upon the death of a party the court shall order substitution

of a proper party. CPLR 1021 provides in relevant part that a motion for substitution may be

made by any party to the action, and that such a motion must be made "within a reasonable

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time." The determination of reasonableness requires consideration of several factors, including

the diligence of the party seeking substitution, the prejudice to the other parties, and whether it

has been shown that the action or defense has potential merit (see Hemmings v Rolling Frito-Lay

Sales, LP, 220 AD3d at 754, 757 [2 Dept 2023]). The Court may grant the motion for

substitution if there is no showing of prejudice and there is potential merit to the action or

defense, in light of the strong public policy in favor of disposing of matters on the merits (Id at

757).

CPLR 3025 (b) provides that "[a] party may amend his pleading or supplement it by

setting forth additional or subsequent transactions or occurrences, at any time by leave of court

or by stipulation of all parties." Leave to amend pleadings is generally freely granted, absent

prejudice and surprise resulting from the delay (See Edenwald Contr. Co. v City ofNew York, 60

NY2d 957, 959 [1983]); Antwerpse Diamantbank N. V. v Nisse!, 27 AD3d 207,208 (1st Dept

2006). To find prejudice, there must be some indication that the defendant has been hindered in

the preparation of his case or prevented from taking some measure in support of his position. See

Abdelnabi v NYC Transit Authority, 273 AD2d 114, 115 (1st Dep't 2000).

Here, defendants/third-party plaintiffs seek to substitute the "Ben E. Epps, as Executor of

the Estate of Amy Monroe" as a party defendant/third-party plaintiff in this action, in the place

and stead of Amy Monroe, the deceased defendant/third-party plaintiff, and to amend the

pleadings and caption to reflect the substitution. There is no opposition to the motion seeking.

The motion is granted without opposition. Accordingly, it is hereby

ORDERED that the motion to substitute is granted without opposition to the extent that

"Ben E. Epps, as Executor of the Estate of Amy Monroe" is substituted as a party

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defendant/third-party plaintiff in this action, in the place and stead of Amy Monroe, the deceased

defendant/third-party plaintiff; and it is further

ORDERED that the automatic stay imposed in this action upon the death of Amy

Monrow is hereby lifted and it is further

ORDERED that the action shall bear the following caption:

THE BOARD OF MANAGERS OF DEL Index No.: 150073/2023 ESTE VILLAGE IV CONDOMINIUM,

Plaintiff,

BEN E. EPPS, as Executor of the Estate of AMY MONROE, deceased, and BENJAMIN EPPS,

Defendants.

BENJAMIN EPPS and BENE. EPPS, as Third-Party Index Executor to the Estate of AMY MONROE, Number 59446/2023 Deceased, Plaintiffs,

MILLIE FALCARO,

And it is further

ORDERED that counsel for the moving party within thirty days of the date of entry of

this order shall serve a copy of this order with notice of entry upon the County Clerk (60 Centre

Street, Room 141B) and the Clerk of the General Clerk's Office (60 Centre Street, Room 119),

who are directed to lift the automatic stay, restore the action to active status, and mark the

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court's records to reflect the substitution, and amend the caption as reflected herein and it is

further

ORDERED that such service upon the County Clerk and the Clerk of the General Clerk's

Office shall be made in accordance with the procedures set forth in the Protocol on Courthouse

and County Clerk Procedures for Electronically Filed Cases (accessible at the "E-Filing" page

on the court's website at the address (ww.nycourts.gov/supctmanh).

This constitutes the Decision and Order of the Court.

11/17/2025 DATE CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION

GRANTED □ DENIED GRANTED IN PART □ OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER

CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT □ REFERENCE

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