Hicks v. Jeffrey
Cases that cite this one
11 later published cases cite this decision.
- L.D. v. City of Yonkers (New York Supreme Court, Westchester County 2024)
- Moriates v. New York State Unified Court System (District Court, E.D. New York 2021)
- Matter of Foreclosure of Tax Liens v. Goldman (Appellate Division of the Supreme Court of New York 2018)
- Perez v. City of New York (Appellate Division of the Supreme Court of New York 2012)
- Sample v. Temkin (Appellate Division of the Supreme Court of New York 2011)
- JPMorgan Chase Bank, N.A. v. Max Rosemberg (Appellate Division of the Supreme Court of New York 2011)
- Stancu v. Cheon Hyang Oh (Appellate Division of the Supreme Court of New York 2010)
- Reed v. Grossi (Appellate Division of the Supreme Court of New York 2009)
- Rumola v. Maimonides Medical Center (Appellate Division of the Supreme Court of New York 2007)
- Cifuentes v. New York City Health & Hospitals Corp. (Appellate Division of the Supreme Court of New York 2007)
- Singer v. Riskin (Appellate Division of the Supreme Court of New York 2006)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Burke, J.), dated June 12, 2002, which denied his motion to substitute the Nassau County Public Administrator in place of the defendant Albert Jeffrey, deceased, and to restore the action to the trial calendar.
Ordered that the order is reversed, on the law, with costs, and the motion is granted.
It is well settled that the death of a party stays the action as to him or her pending the substitution of a legal representative, and any determination rendered without such a substitution is generally deemed a nullity (see CPLR 1015; Matter of Einstoss, 26 NY2d 181, 187, 189 [1970]; Gonzalez v Ford Motor Co., 295 AD2d 474, 475 [2002]; Meehan v Washington, 242 AD2d 286, 287 [1997]). Here, the Supreme Court’s marking the case off the calendar, and its subsequent dismissal of the action because of the death of the defendant, Albert Jeffrey, were nullities, and the plaintiff was entitled to apply for the appointment of an administrator for that defendant. Upon said appointment, the plaintiff was entitled to substitution (see CPLR 1015 [a], [b]; 1021; Meehan v Washington, supra; see also 22 NYCRR 202.21 [h]).
The contention that the order should be deemed to be an order denying a motion for leave to reargue is without merit. Santucci, J.P., Krausman, McGinity, Schmidt and Crane, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.