PEBBLE REALTY, INC., Plaintiff, v. THE ESTATE OF DARREN BRYANT, Defendant

PEBBLE REALTY, INC., Plaintiff, v. THE ESTATE OF DARREN BRYANT, Defendant. File No. 2010-2480/A—The defendant, the Estate of Darren Bryant, moved, by notice of motion, to dismiss the amended verified complaint of plaintiff, Pebble Realty, Inc., upon the grounds of a defense based upon documentary evidence (CPLR 3211 [a] [1]), plaintiff's lack of capacity (CPLR 3211 [a][3]), and the failure to state a claim (CPLR 3211 [a][7]). By order dated April 3, 2014, the court gave notice to the parties that pursuant to CPLR §3211[c], it was treating the motion as one for summary judgment under CPLR §3212, granted the parties leave to serve and file additional papers and re-calendared the motion. Darren Bryant died on July 3, 2009 and the Public Administrator of Queens County was appointed administrator of his estate on June 17, 2010.

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PEBBLE REALTY, INC., Plaintiff, v. THE ESTATE OF DARREN BRYANT, Defendant. File No. 2010-2480/A—The defendant, the Estate of Darren Bryant, moved, by notice of motion, to dismiss the amended verified complaint of plaintiff, Pebble Realty, Inc., upon the grounds of a defense based upon documentary evidence (CPLR 3211 [a] [1]), plaintiff’s lack of capacity (CPLR 3211 [a][3]), and the failure to state a claim (CPLR 3211 [a][7]). By order dated April 3, 2014, the court gave notice to the parties that pursuant to CPLR §3211[c], it was treating the motion as one for summary judgment under CPLR §3212, granted the parties leave to serve and file additional papers and re-calendared the motion. Darren Bryant died on July 3, 2009 and the Public Administrator of Queens County was appointed administrator of his estate on June 17, 2010.

Prior to his death, Darren Bryant had been appointed executor of the Estate of Glay Inman. In that capacity, and individually, Darren Bryant had commenced an action in Supreme Court, Queens County (Index No. 23667/2008) for restitution, fraud, and to restore legal title to real property, against a corporation known as Retroactive Investments LLC (hereinafter “Retroactive”). The complaint alleged that Glay Inman’s ownership interest in real property known as 153-22 110th Road, Jamaica, New York (hereinafter “the premises”) was deeded to Retroactive in 2008 by use of a false and forged power of attorney.

PEBBLE REALTY, INC., Plaintiff, v. THE ESTATE OF DARREN BRYANT, Defendant

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