LoanDepot v Estate of Pickett
Annotate this Case
Download PDF
LoanDepot v Estate of Pickett 2022 NY Slip Op 33491(U) August 19, 2022 Supreme Court, Kings County Docket Number: Index No. 503731/16 Judge: Larry D. Martin 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. 503731/2016 !FILED: KINGS COUNTY CLERK 09/19/2022! NYSCEF Do'c. NO. 110 RECEIVED NYSCEF: 09/29/2022 At an IAS Term, Part FSMP, of the Supreme Court of the State ofNew York, held in and for the County of Kings, at' the Courthouse, at 360 Adams Street, Brooklyn, New York, on the 19th day of August 2022. PRES ENT: HON. LARRY D MARTIN, J.S.C. i Index No.: 503731/16 _ _ _ _ _ _ _ _ _ _ __ _ __ _ _ _ _ x LOANDEPOT, Plaintiff, ORDER -against- THE ESTATE OF HATTIE PlCKETTet al, Defendant, - - -- - - - - - - - - - - - - -- - X Recitation, as required by CPLR §2219 (a), of the papers considered in the review of this Motion: : Papers Nud.hered _1 __2 __3 __ 4 ----2..,.Q __7 Motion (MS 4) Opposition Reply Cross-Motion (MS 5) Oppositions Reply I I Upon the foregoing cited papers, the Decision/Order on this Mo[1tion is ;is follows: This action was commenced against Hattie Pickett on March 14, 2016. Seven months I later, the defendant died and Plaintiff moved for the appointment of a temporary administrator for her estate and to substitute "the Estate of Hattie Pickett" in her place in this action. By order dated May 16, 2018, the motion was granted "only to the extent that the Court appoints a Public Administrator on behalf of the Estate of Hattie Picket [stet] ... [andJthat the Estate of HATTIE PICKETT be substituted as a party defendant in the place and stead ofihe Defendant HATTIE II [* 1] 1 of 121 INDEX NO . 503731/2016 !FILED: KINGS COUNTY CLERK 09/19/2022! NYSCEF DO~. NO. 110 RECEIVED NYSCEF: 09/29/2022 PICKETT." It does not appear that the Office of the Public Administdtor was notified of the appointment and it did not appear in the action. On March 12, 2020, Plaintiff moved for summary judgment and an order of reference. Thereafter, Cross-Movant Glemoy Walcott was appointed administrat6r of Hattie Pickett' s estate by the Kings County Surrogate's Court. Walcott now seeks to be substituted as a Defendant in I place of the estate and leave to file a late answer on behalf of the estate. Plaintiffs counsel and co-counsel each filed opposition to portions of Walcott's motion. Plaintiff is correct that the Public Administrator is not a party to, this action, that it was I "the Estate of Hattie Pickett" that was substituted in her place. An "estate" cannot itself an entity that can be a party - it is the administrator or executor who must be narved in a representative ' capacity (Grosso v Estate of Gershenson, 33 AD3d 587, 587 [2d Dept 2006]). It is undisputed i that did not happen here. To further complicate matters, Walcott has also proffered a medjcal evaluation of Hattie Pickett dated shortly before the commencement of this action which appears to have been intended to have been submitted as part of a guardianship proceeding. therein, the examining physician found that she was medically incapable of being present for a hearing as she was bedbound and at high risk for falls. The doctor also concluded that she las incapable of managing her own affairs. As such, it appears likely that the original defendant in this action was incapacitated at the time of commencement. I To recap: It appears that Hattie Pickett was likely incapacitated when she was sued. It is thus unsurprising that she did not answer the summons and complaint. 1he Public Administrator was appointed to administer her estate but was not named a party to this ~ction. It could not have ' been expected to appear. The "estate" as substituted into the caption (at the request of Plaintiff) is not a legal entity and was not properly sued. All-in-all, it does not appear that Hattie Pickett, the Public Administrator, or Walcott as administrator could reasonably b~ held in default. I Walcott, having presented evidence that he has been duly appointed as administrator of the estate of the original defendant Hattie Pickett, is hereby substituted in this action in place of "Hattie Pickett" and "the Estate of Hattie Pickett" and acceptance of the Jroposed answer [* 2] 2 of 121 INDEX NO. 503731/2016 !FILED: KINGS COUNTY CLERK 09/19/2022! NYsCEF · n·cSc. NO. 110 RECEIVED NYSCEF: 09/29/2022 attached to his moving papers is compelled. Walcott is directed to ser~e and file his answer within 30 days of entry of the instant order. The caption is amended tQ read: LoanDepot.com, LLC, Plaintiff, -againstGlenroy Walcott as Administrator of the Estate of Hattie Pickett, City ofNew York Environmental Control Board, City of New York Department of Transportation Parking Violations Bureau, "JOHN DOE #1" through and including "JOHN DOE#25", the defendants last named in quotation marks being intended to designate tenants or occupants in possession of the herein described premises or portions thereof, if any there be, said names being __ , ,-...,, fictitious, their true name being unknown to plaintiff, = - er.> C"i ~ I'--.> Defendants, rri -0 {/1 '-D r·-s fTl.-: :::.. 0~ ~ MS 5 granted. MS 4 denied as moot. ..,,n _o a (..) CJ ENTER: -~ Hon. Larry D Martin'. JSC HON LA JUsr,ce OF TH RRy MARTIN e SUfitR&Me en. ... I I [* 3] 3 of 121 --Vl"tT ,:
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
