JPMorgan Chase Bank, N.A. v. Max Rosemberg, 90 A.D.3d 713 (N.Y. App. Div. 2d Dep't 2011). · Go Syfert
JPMorgan Chase Bank, N.A. v. Max Rosemberg, 90 A.D.3d 713 (N.Y. App. Div. 2d Dep't 2011). Cases Citing This Book View Copy Cite
23 citation events (23 in the last 25 years) across 2 distinct courts.
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At page 714 Death of party divests court of jurisdiction and nullifies orders9 citing casesThe death of a party divests the court of jurisdiction and stays the proceedings until a proper substitution has been made pursuant to CPLR 1015 (a).…opening of page *714 (no citing court says what it cites this page for) · 7 listed here
  • Champion Mtge. v. Williams, 249 A.D.3d 826 (N.Y. App. Div. 2d Dep't 2026).published 2 cites
    Accordingly, the order and judgment of foreclosure and sale appealed from is a nullity and must be vacated and the appeal must be dismissed, as this Court has no jurisdiction to entertain the appeal ( see NYCTL 2004-A Trust v Archer , 131…
  • Aurora Bank FSB v. Albright, 137 A.D.3d 1177 (N.Y. App. Div. 2d Dep't 2016).published
    “Generally, the death of a party divests a court of jurisdiction to act, and automatically stays proceedings in the action pending the substitution of a legal representative for the decedent pursuant to CPLR 1015 (a)” (NYCTL 2004-A Trust v…
  • NYCTL 2004-A Trust v. Archer, 131 A.D.3d 1213 (N.Y. App. Div. 2d Dep't 2015).published 2 cites
    Ordered that the appeal is dismissed, without costs or disbursements, and the order is vacated. *1214 Generally, the death of a party divests a court of jurisdiction to act, and automatically stays proceedings in the action pending the sub…
  • Gorbaty v. Brodsky, 129 A.D.3d 1023 (N.Y. App. Div. 2d Dep't 2015).published
    If the defendant died prior to the commencement of the action, the action would have been a legal nullity from its inception, the order appealed from would be a nullity, and this Court would have no jurisdiction to entertain the appeal (se…
  • Rivera v. Bruchim, 103 A.D.3d 700 (N.Y. App. Div. 2d Dep't 2013).published 2 cites
    Accordingly, the order appealed from is a nullity, and this Court has no jurisdiction to entertain the appeal (see JPMorgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713, 714 [2011]).
  • Est. of Eason v. Eason, 74 Misc. 3d 128(A) (N.Y. App. Term. 2022).unpublished
    "Generally, the death of a party divests a court of jurisdiction to act, and automatically stays proceedings in the action pending the substitution of a legal representative for the decedent pursuant to CPLR 1015 (a)" ( NYCTL 2004-A Trust…
  • In re Vita V., 100 A.D.3d 913 (N.Y. App. Div. 2d Dep't 2012).published 2 cites
    Pursuant to CPLR 1015 (a), “[i]f a party dies and the claim for or against him [or her] is not thereby extinguished the court shall order substitution of the proper parties.” “Generally, the death of a party divests a court of jurisdiction…
Other citing cases3 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
JPMorgan Chase Bank, N.A.
v.
Max Rosemberg, and Priscilla Abrams
Appellate Division of the Supreme Court of the State of New York.
Dec 13, 2011.
Published opinion
90 A.D.3d 713
Cited by 15 opinions  |  Published

[*714] “The death of a party divests the court of jurisdiction and stays the proceedings until a proper substitution has been made pursuant to CPLR 1015 (a). Moreover, any determination rendered without such substitution will generally be deémed a nullity” (Singer v Riskin, 32 AD3d 839, 839-840 [2006] [citations omitted]; see Stancu v Cheon Hyang Oh, 74 AD3d 1322, 1322-1323 [2010]; Hicks v Jeffrey, 304 AD2d 618 [2003]; Gonzalez v Ford Motor Co., 295 AD2d 474, 475 [2002]; Brogan v Mary Immaculate Hosp. Div. of Catholic Med. Ctr. of Brooklyn & Queens, 209 AD2d 663, 664 [1994]). Although Priscilla Abrams was named as a defendant in the action, she died before the action was commenced, and no substitution took place as required by CPLR 1015 (a). Accordingly, the order appealed from is a nullity and this Court has no jurisdiction to entertain the appeal (see Jordan v City of New York, 23 AD3d 436, 437 [2005]; Bossert v Ford Motor Co., 140 AD2d 480, 481 [1988]). Rivera, J.E, Leventhal, Roman and Sgroi, JJ., concur.