Catalfamo v. Flushing National Bank

Appellate Division of the Supreme Court of New York

Catalfamo v. Flushing National Bank

124 A.D.2d 624, 507 N.Y.S.2d 885, 1986 N.Y. App. Div. LEXIS 61934

Appellate Division of the Supreme Court of the State of New York·Decided November 10, 1986·Published·Cited by 4 cases

Opinion

[625]*625It appears from the brief submitted by the plaintiffs counsel that the plaintiff died on November 13, 1984. It further appears that no substitution has taken place as required by CPLR 1015. Under these circumstances, the order appealed from is a nullity and this court has no jurisdiction to hear and determine the instant appeal (see, Muth v Benjamin, 109 AD2d 736).

We note however, that were the appeal properly before us, we would affirm for reasons stated by Trial Term. Mollen, P. J., Mangano, Niehoff and Rubin, JJ., concur.

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[625]*625It appears from the brief submitted by the plaintiffs counsel that the plaintiff died on November 13, 1984. It further appears that no substitution has taken place as required by CPLR 1015. Under these circumstances, the order appealed from is a nullity and this court has no jurisdiction to hear and determine the instant appeal (see, Muth v Benjamin, 109 AD2d 736).

We note however, that were the appeal properly before us, we would affirm for reasons stated by Trial Term. Mollen, P. J., Mangano, Niehoff and Rubin, JJ., concur.

Catalfamo v. Flushing National Bank, 124 A.D.2d 624, 507 N.Y.S.2d 885, 1986 N.Y. App. Div. LEXIS 61934 (N.Y. Ct. App. 1986).

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124 A.D.2d 624 (Catalfamo v. Flushing National Bank) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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