party dies claim (New York) · Go Syfert
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party dies claim in New York

14 New York opinions name it 5 courts 1991–2025 2 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

CaseFollowedCited
Neuman v. Neumanngreen
nyappdiv · 2011 · cited in 4 New York opinions naming this issue, 2012–2020
2 sentences

2012Pursuant 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 to act, and automatically stays proceedings in the action pending the substitution of a personal representative for the decedent” (Neuman v Neumann, 85 AD3d 1138, 1139 [2011]; see JPMorgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713, 714 [2011]; DLJ Mtge.

2012Pursuant 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 to act, and automatically stays proceedings in the action pending the substitution of a personal representative for the decedent” (Neuman v Neumann, 85 AD3d 1138, 1139 [2011]; see JPMorgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713, 714 [2011]; DLJ Mtge.

24
JPMorgan Chase Bank, N.A. v. Max Rosemberggreen
nyappdiv · 2011 · cited in 2 New York opinions naming this issue, 2012–2012
2 sentences

2012Pursuant 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 to act, and automatically stays proceedings in the action pending the substitution of a personal representative for the decedent” (Neuman v Neumann, 85 AD3d 1138, 1139 [2011]; see JPMorgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713, 714 [2011]; DLJ Mtge.

2012Pursuant 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 to act, and automatically stays proceedings in the action pending the substitution of a personal representative for the decedent” (Neuman v Neumann, 85 AD3d 1138, 1139 [2011]; see JPMorgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713, 714 [2011]; DLJ Mtge.

22
Singer v. Riskingreen
nyappdiv · 2006 · cited in 2 New York opinions naming this issue, 2012–2012
2 sentences

2012Capital, Inc. v 44 Brushy Neck, Ltd,., 51 AD3d 857, 858 [2008]; Singer v Riskin, 32 AD3d 839, 839-840 [2006]).

2012Capital, Inc. v 44 Brushy Neck, Ltd,., 51 AD3d 857, 858 [2008]; Singer v Riskin, 32 AD3d 839, 839-840 [2006]).

22
DLJ Mortgage Capital, Inc. v. 44 Brushy Neck, Ltd.green
nyappdiv · 2008 · cited in 2 New York opinions naming this issue, 2012–2012
2 sentences

2012Capital, Inc. v 44 Brushy Neck, Ltd,., 51 AD3d 857, 858 [2008]; Singer v Riskin, 32 AD3d 839, 839-840 [2006]).

2012Capital, Inc. v 44 Brushy Neck, Ltd,., 51 AD3d 857, 858 [2008]; Singer v Riskin, 32 AD3d 839, 839-840 [2006]).

22
TAG 380, LLC v. Estate of Ronsongreen
nyappdiv · 2010 · cited in 1 New York opinions naming this issue, 2025–2025
1 sentence

2025NO. 57 RECEIVED NYSCEF: 02/24/2025 Substitution is governed by CPLR 1015 which provides that "[i]f a party dies and the claim for or against him is not thereby extinguished the court shall order substitution of the proper parties." Here, Plaintiffs counsel provides sufficient documentary evidence to support the Court's finding that Plaintiff is the duly appointed fiduciary of Cynthia Carroll estate under the laws of New York and thus is the proper party for substitution (NYSCEF Docs. 54, 55; see TAG 380, LLC v Estate of Ronson, 69 AD3d 471, 474 [1st Dept 2010]).

11
Stallsworth v. Stallsworthgreen
nyappdiv · 2016 · cited in 1 New York opinions naming this issue, 2019–2019
2 sentences

2019The appropriate avenue is to be appointed a representative pursuant to the requirements of the EPTL ( Id . at 140-141; see also , Stallsworth v Stallsworth , 138 AD3d 1102 , 1102-1103).

2019The appropriate avenue is to be appointed a representative pursuant to the requirements of the EPTL ( Id . at 140-141; see also , Stallsworth v Stallsworth , 138 AD3d 1102, 1102-1103).

11
Noriega v. Presbyterian Hospitalgreen
nyappdiv · 2003 · cited in 1 New York opinions naming this issue, 2016–2016
1 sentence

2016Furthermore, the death of a party divests the court of jurisdiction and stays the proceedings until proper substitution has been made (CPLR 1015 [a]; 1021; see Noriega v Presbyterian Hosp. in City of N.Y., 305 AD2d 220, 221 [1st Dept 2003]).

11
Dieye v. Royal Blue Services, Inc.green
nyappdiv · 2013 · cited in 1 New York opinions naming this issue, 2015–2015
2 sentences

2015“Amotion for substitution may be made by the successors or representatives of a party or by any party” (CPLR 1021; see Dieye v Royal Blue Servs., Inc., 104 AD3d at 725).

2015“If 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” (CPLR 1015 [a]; see Dieye v Royal Blue Servs., Inc., 104 AD3d 724 , 725 [2013]).

11
Owen v. Blumenthalgreen
nyappdiv · 1938 · cited in 1 New York opinions naming this issue, 2004–2004
1 sentence

2004Specifically, in an action against copartners, if one of them dies during the pendency of the action, the plaintiff may proceed against the surviving partner * (15A NY Jur 2d, Business Relationships § 1590; see Owen v Blumenthal, 167 Misc 213, 218 [1938], affd 254 App Div 853 [1938], revd on other grounds 280 NY 96 [1939]).

11
Owen v. Blumenthalgreen
nysupct · 1938 · cited in 1 New York opinions naming this issue, 2004–2004
1 sentence

2004Specifically, in an action against copartners, if one of them dies during the pendency of the action, the plaintiff may proceed against the surviving partner * (15A NY Jur 2d, Business Relationships § 1590; see Owen v Blumenthal, 167 Misc 213, 218 [1938], affd 254 App Div 853 [1938], revd on other grounds 280 NY 96 [1939]).

11
Owen v. Blumenthalgreen
ny · 1939 · cited in 1 New York opinions naming this issue, 2004–2004
1 sentence

2004Specifically, in an action against copartners, if one of them dies during the pendency of the action, the plaintiff may proceed against the surviving partner * (15A NY Jur 2d, Business Relationships § 1590; see Owen v Blumenthal, 167 Misc 213, 218 [1938], affd 254 App Div 853 [1938], revd on other grounds 280 NY 96 [1939]).

11
Butts v. Marxgreen
nycivct · 1990 · cited in 1 New York opinions naming this issue, 1991–1991
1 sentence

1991The substitution procedure is set forth in CPLR 1021, which provides in relevant part that: "If the event requiring substitution occurs before final judgment and substitution is not made within a reasonable time, the action may be dismissed as to the party for whom substitution should have been made, however, such dismissal shall not be on the merits unless the court shall so indicate.” Furthermore: "if the event requiring substitution is the death of a party, and timely substitution has not been made, the court, before proceeding further, shall, on such notice as it may in its discretion dire

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Seegopaul v. MTA Bus Co. green
nyappdiv · 2022
1 sentence

2023"A motion for substitution may be made by the successors or representatives of a party or by any party" ( id. § 1021).

12023–2023
Lambert v. Estren green
nyappdiv · 2015
1 sentence

2020Further, "[t]he court which rendered a judgment or order may relieve a party from it upon such terms as may be just, on motion of any interested person . . . upon the ground of . . . lack of jurisdiction to render the judgment or order" [*2](CPLR 5015[a][4]). " 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 personal representative for the decedent'" ( Lambert v Estren , 126 AD3d 942, 943 , quoting Neuman v Neuman , 85 AD3d 1138, 1139 ).

12020–2020
Topal v. BFG Corp. green
nyappdiv · 1985
2 sentences

2004For any injury, an action may be brought or continued against the personal representative of the decedent. . ." "Subdivision (a) of CPLR 1015 provides that 'If a party dies and the claim for or against him is not thereby extinguished the court shall order substitution of the proper parties.' . . .and the action could therefore be continued against the personal representative of the decedent (See Topal v. BFG Corp., et. al., 108 AD2d 849 , 485 NYS2d 352 , citing EPTL, 11-3.1, 11-3.2, subdiv. [a], par. [1]).

2004For any injury, an action may be brought or continued against the personal representative of the decedent. . ." "Subdivision (a) of CPLR 1015 provides that 'If a party dies and the claim for or against him is not thereby extinguished the court shall order substitution of the proper parties.' . . .and the action could therefore be continued against the personal representative of the decedent (See Topal v. BFG Corp., et. al., 108 AD2d 849 , 485 NYS2d 352 , citing EPTL, 11-3.1, 11-3.2, subdiv. [a], par. [1]).

12004–2004
In re the Estate of Einstoss green
ny · 1970
2 sentences

2004The Appellate Division added, however, that ". . .where the personal representative is not yet a party to the action, service of the notice of motion of substitution. . .must be made in the manner prescribed for service of a summons under article three of the CPLR (citing, Lewis v. Lewis, 43 Misc.2d 349 , 250 NYS2d 984 , 2 Weinstein-Korn-Miller, NY Civ Prac., par. 1021.05; Siegle, NY Prac., § 186) . 'The procedure for revival of an action by substitution of the personal representative, far from being a mere technical formality, is rather, the recognized means by which a court obtains jurisdict

2004The Appellate Division added, however, that ". . .where the personal representative is not yet a party to the action, service of the notice of motion of substitution. . .must be made in the manner prescribed for service of a summons under article three of the CPLR (citing, Lewis v. Lewis, 43 Misc.2d 349 , 250 NYS2d 984 , 2 Weinstein-Korn-Miller, NY Civ Prac., par. 1021.05; Siegle, NY Prac., § 186) . 'The procedure for revival of an action by substitution of the personal representative, far from being a mere technical formality, is rather, the recognized means by which a court obtains jurisdict

12004–2004
Lewis v. Lewis neutral
nysupct · 1964
2 sentences

2004The Appellate Division added, however, that ". . .where the personal representative is not yet a party to the action, service of the notice of motion of substitution. . .must be made in the manner prescribed for service of a summons under article three of the CPLR (citing, Lewis v. Lewis, 43 Misc.2d 349 , 250 NYS2d 984 , 2 Weinstein-Korn-Miller, NY Civ Prac., par. 1021.05; Siegle, NY Prac., § 186) . 'The procedure for revival of an action by substitution of the personal representative, far from being a mere technical formality, is rather, the recognized means by which a court obtains jurisdict

2004The Appellate Division added, however, that ". . .where the personal representative is not yet a party to the action, service of the notice of motion of substitution. . .must be made in the manner prescribed for service of a summons under article three of the CPLR (citing, Lewis v. Lewis, 43 Misc.2d 349 , 250 NYS2d 984 , 2 Weinstein-Korn-Miller, NY Civ Prac., par. 1021.05; Siegle, NY Prac., § 186) . 'The procedure for revival of an action by substitution of the personal representative, far from being a mere technical formality, is rather, the recognized means by which a court obtains jurisdict

12004–2004
Egrini v. Brookhaven Memorial Hospital neutral
nyappdiv · 1987
1 sentence

2000Hosp., 133 AD2d 610 ), the court hereby orders that Dellie M.

12000–2000
Corbett v. Corbett green
nycfamct · 1979
1 sentence

1995If a party dies and the claim for or against him is not thereby extinguishable the court shall order substitution of the proper parties.” The scope of abatement has been limited by statutory enactment from the common-law doctrine that all actions abated upon death of any sole party. 1 (Matter of Corbett v Corbett, 100 Misc 2d 270 [Fam Ct, Queens County 1979].) Especially onerous was the fact that personal injury actions abated until the passage of remedial legislation which added sections 118 and 119 to the Decedent Estate Law.

11995–1995

Where else courts name it

NY 14 (1991–2025) FL 4 (2011–2024) MO 3 (1952–1995) SD 2 (2009–2019) TN 2 (2013–2022) AL 2 (1985–1995) UT 2 (2017–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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