Appellate Division of the Supreme Court of New York, 2011

JPMorgan Chase Bank, N.A. v. Max Rosemberg

JPMorgan Chase Bank, N.A. v. Max Rosemberg
Appellate Division of the Supreme Court of New York · Decided December 13, 2011
90 A.D.3d 713; 934 N.Y.2d 346
JPMorgan Chase Bank, N.A. v. Max Rosemberg

Opinion of the Court

*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.

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