Justice Joseph Capella

Decedent's son, Reinaldo, as proposed administrator sued for personal injuries and wrongful death resulting from negligent medical treatment defendants provided. The first action was dismissed as Reinaldo lacked legal capacity to sue as letters of administration were not issued authorizing suit on behalf of decedent's estate. He sued, again, as voluntary administrator, but River Valley Care Center (RVCC) did not answer within the prescribed 20 day period under CPLR 320, but subsequently moved for dismissal arguing a voluntary administrator lacked legal capacity to sue as he could not enforce a claim for wrongful death or personal injuries to decedent. The court found RVCC's motion timely as it was granted a 20 day extension to respond, and Reinaldo's motion for a default judgment was denied. Yet, the court granted defendants' motion to dismiss finding Reinaldo, as voluntary administrator, while a fiduciary, lacked authority to enforce a claim for decedent's wrongful death or personal injuries. As Reinaldo received letters of administration five months after CPLR 205 extension period lapsed the instant action was again improperly commenced since he lacked legal capacity to sue.

Justice Joseph Capella