Opinion
2013-02-13
Angel RIVERA, et al., respondents, v. Jacob BRUCHIM, etc., appellant, et al., defendants.
Philip J. Rizzuto, P.C., Carle Place, N.Y. (Kristen N. Reed of counsel), for appellant. Weitz & Luxenberg, P.C., New York, N.Y. (Shareef Rabaa of counsel), for respondents.
Philip J. Rizzuto, P.C., Carle Place, N.Y. (Kristen N. Reed of counsel), for appellant. Weitz & Luxenberg, P.C., New York, N.Y. (Shareef Rabaa of counsel), for respondents.
In an action to recover damages for personal injuries, etc., the appeal is from an order of the Supreme Court, Kings County (Lewis, J.), dated January 13, 2012, which, in effect, denied a motion pursuant to CPLR 3211(a)(8) to dismiss the complaint insofar as asserted against Jacob Bruchim and granted the plaintiffs' cross motion, in effect, to appoint American Transit Insurance Company to act as temporary administrator of the estate of Jacob Bruchim for certain purposes and to amend the complaint to add the administrator of the estate of Jacob Bruchim as a defendant in the action.
ORDERED that the appeal is dismissed, without costs or disbursements, and the order is vacated.
The death of Jacob Bruchim prior to the commencement of this action rendered the action, insofar as asserted against him, a legal nullity from its inception, and the Supreme Court had no jurisdiction to grant the requested relief ( see Wendover Fin. Servs. v. Ridgeway, 93 A.D.3d 1156, 1157, 940 N.Y.S.2d 391;Maldonado v. Law Off. of Mary A. Bjork, 64 A.D.3d 425, 426, 882 N.Y.S.2d 118;Marte v. Graber, 58 A.D.3d 1, 4–5, 867 N.Y.S.2d 71;Jordan v. City of New York, 23 A.D.3d 436, 437, 807 N.Y.S.2d 595;see also Arbelaez v. Chun Kuei Wu, 18 A.D.3d 583, 584, 795 N.Y.S.2d 327;Laurenti v. Teatom, 210 A.D.2d 300, 301, 619 N.Y.S.2d 754). 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 A.D.3d 713, 714, 934 N.Y.S.2d 346).