The 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
150073/2023 THE BOARD OF MANAGERS OF DEL ESTE VILLAGE IV CONDOMINIUM vs. EPPS, Page 1 of4
BENJAMIN ET AL
Motion No. 001
1 of 4
[* 1]
INDEX NO. 150073/2023
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 11/19/2025
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
150073/2023 THE BOARD OF MANAGERS OF DEL ESTE VILLAGE IV CONDOMINIUM vs. EPPS, Page2of4
BENJAMIN ET AL
Motion No. 001
2 of 4
[* 2]
INDEX NO. 150073/2023
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 11/19/2025
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,
-against-
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,
-against-
MILLIE FALCARO,
Defendants.
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
150073/2023 THE BOARD OF MANAGERS OF DEL ESTE VILLAGE IV CONDOMINIUM vs. EPPS, Page 3 of4
BENJAMIN ET AL
Motion No. 001
3 of 4
[* 3]
INDEX NO. 150073/2023
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 11/19/2025
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
150073/2023 THE BOARD OF MANAGERS OF DEL ESTE VILLAGE IV CONDOMINIUM vs. EPPS, Page4 of4
BENJAMIN ET AL
Motion No. 001
4 of 4
[* 4]