People v. Ray

Mar 8, 2011
Versions:82 A.D.3d 859
918 N.Y.2d 379

On March 14, 2001, the plaintiffs commenced this action against, among others, John L. Phillips, Jr. (hereinafter the decedent), inter alia, to foreclose a mechanic‘s lien and to recover damages for breach of contract. Prior to the commencement of this action, the Supreme Court had ordered the appointment of a temporary guardian of the person and property of the decedent, an incapacitated person. Despite the fact that a guardian had been appointed for the decedent, the plaintiffs served the summons and complaint only upon the decedent.

In an answer, dated April 3, 2001, the decedent, acting pro se, answered the complaint without raising the affirmative defense of lack of personal jurisdiction. Thereafter, on July 12, 2006, the decedent‘s counsel and interim guardian served an answer on