JP Morgan Chase Bank, N.A. v Rosemberg

JP Morgan Chase Bank, N.A. v Rosemberg 2011 NY Slip Op 09095 Decided on December 13, 2011 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 13, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
2011-00793
(Index No. 10295/09)

[*1]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.


DECISION & ORDER

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 AD3d 839, 839-840 [citations omitted]; see Stancu v Cheon Hyang Oh, 74 AD3d 1322, 1322-1323; Hicks v Jeffrey, 304 AD2d 618; Gonzalez v Ford Motor Co., 295 AD2d 474, 475; Brogan v Mary Immaculate Hosp. Div. of Catholic Med. Ctr. of Brooklyn & Queens, 209 AD2d 663, 664). 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; Bossert v Ford Motor Co., 140 AD2d 480, 481).
RIVERA, J.P., LEVENTHAL, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court