Opinion
2011-12-13
JP MORGAN CHASE BANK, N.A., appellant, v. Max ROSEMBERG, et al., defendants,Priscilla Abrams, respondent.
Del Bello Donnellan Weingarten Wise & Wiederkehr, LLP, White Plains, N.Y. (Eric J. Mandell of counsel), for appellant. Bruce S. Reznick, P.C., Brooklyn, N.Y. (Thomas Torto and Jason Levine of counsel), for respondent.
Del Bello Donnellan Weingarten Wise & Wiederkehr, LLP, White Plains, N.Y. (Eric J. Mandell of counsel), for appellant. Bruce S. Reznick, P.C., Brooklyn, N.Y. (Thomas Torto and Jason Levine of counsel), for respondent.
In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Bayne, J.), entered November 9, 2010, which denied its motion, in effect, for summary judgment on the complaint insofar as asserted against the defendant Priscilla Abrams.
ORDERED that the appeal is dismissed, with costs, and the order is vacated.
“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 deemed a nullity” ( Singer v. Riskin, 32 A.D.3d 839, 839–840, 821 N.Y.S.2d 120 [citations omitted]; see Stancu v. Cheon Hyang Oh, 74 A.D.3d 1322, 1322–1323, 903 N.Y.S.2d 268; Hicks v. Jeffrey, 304 A.D.2d 618, 757 N.Y.S.2d 474; Gonzalez v. Ford Motor Co., 295 A.D.2d 474, 475, 744 N.Y.S.2d 468; Brogan v. Mary Immaculate Hosp. Div. of Catholic Med. Ctr. of Brooklyn & Queens, 209 A.D.2d 663, 664, 619 N.Y.S.2d 325). 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 A.D.3d 436, 437, 807 N.Y.S.2d 595; Bossert v. Ford Motor Co., 140 A.D.2d 480, 481, 528 N.Y.S.2d 592).