Peterson v. JJ Real Estate, Inc.

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…