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).…
- Champion Mtge. v. Williams, 249 A.D.3d 826 (N.Y. App. Div. 2d Dep't 2026).published 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 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).publishedIf 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 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unpublished"Generally, the death of a party divests a court of jurisdiction to act, and automatically stays proceedings in the action pending the substitution of a legal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 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 cases
- Hemmings v. Rolling Frito-Lay Sales, LP, 220 A.D.3d 754 (N.Y. App. Div. 2d Dep't 2023).published
- CitiMortgage, Inc. v. Clement, 209 A.D.3d 971 (N.Y. App. Div. 2d Dep't 2022).published
- U & Me Homes, LLC v. Cnty. of Suffolk, 2019 NY Slip Op 1119 (N.Y. App. Div. 2d Dep't 2019).published
v.
Max Rosemberg, and Priscilla Abrams
[*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.