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Schraven v. Town of Tonawanda

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 1997
238 A.D.2d 952 (N.Y. App. Div. 1997)

Opinion

April 25, 1997

Present — Green, J.P., Pine, Lawton, Doerr and Fallon, JJ.


Order unanimously vacated and appeal dismissed without costs. Memorandum: Following the commencement of this personal injury action, plaintiff died. No substitution of a legal representative was made pursuant to CPLR 1015 (a) before defendant moved for summary judgment. As a result, Supreme Court lacked jurisdiction to rule on the motion and the order granting it is a nullity ( see, Weber v. Bellinger, 124 A.D.2d 1009; Silvagnoli v Consolidated Edison Empls. Mut. Aid Socy., 112 A.D.2d 819, 820). In addition, this Court has no jurisdiction to entertain the instant appeal ( see, Catalfamo v. Flushing Natl. Bank, 124 A.D.2d 624, 625; Muth v. Benjamin, 109 A.D.2d 736). (Appeal from Order of Supreme Court, Erie County, Whelan, J. — Summary Judgment.)


Summaries of

Schraven v. Town of Tonawanda

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 1997
238 A.D.2d 952 (N.Y. App. Div. 1997)
Case details for

Schraven v. Town of Tonawanda

Case Details

Full title:KATHERINE SCHRAVEN, Appellant, v. TOWN OF TONAWANDA, Respondent

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 25, 1997

Citations

238 A.D.2d 952 (N.Y. App. Div. 1997)
661 N.Y.S.2d 169

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