Opinion
August 14, 1995
Appeal from the Supreme Court, Kings County (Ramirez, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The record shows that the court properly entered a default judgment against Lucille McCombs in the third-party action. Consequently, any damages recovered by her as administratrix and sole distributee of the estate of Roy Latimer due to any negligence on the part of Willoughby Nursing Home (hereinafter the nursing home) in causing the death of Roy Latimer would be recovered by the nursing home from her in her individual capacity. Thus, there is no purpose in continuing this action, and the court properly granted the nursing home's motion for summary judgment. Additionally, under the circumstances, it would serve no purpose to grant the renewed, but untimely, motion for the substitution of Barbara Hill for Lucille McCombs as administratrix of the estate. Balletta, J.P., Thompson, Santucci, Altman and Hart, JJ., concur.