| JPMorgan Chase Bank, N.A. v Rosemberg |
| 2011 NY Slip Op 09095 [90 AD3d 713] |
| December 13, 2011 |
| Appellate Division, Second Department |
| JPMorgan Chase Bank, N.A., Appellant, v MaxRosemberg et al., Defendants, and Priscilla Abrams, Respondent. |
—[*1] Bruce S. Reznick, P.C., Brooklyn, N.Y. (Thomas Torto and Jason Levine of counsel), forrespondent.
In an action to foreclose a mortgage, the plaintiff appeals from an order of the SupremeCourt, 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 PriscillaAbrams.
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 propersubstitution has been made pursuant to CPLR 1015 (a). Moreover, any determination renderedwithout such substitution will generally be deemed a nullity" (Singer v Riskin, 32 AD3d 839, 839-840 [2006] [citations omitted];see Stancu v Cheon Hyang Oh, 74AD3d 1322, 1322-1323 [2010]; Hicks v Jeffrey, 304 AD2d 618 [2003];Gonzalez v Ford Motor Co., 295 AD2d 474, 475 [2002]; Brogan v Mary ImmaculateHosp. Div. of Catholic Med. Ctr. of Brooklyn & Queens, 209 AD2d 663, 664 [1994]).Although Priscilla Abrams was named as a defendant in the action, she died before the actionwas commenced, and no substitution took place as required by CPLR 1015 (a). Accordingly, theorder appealed from is a nullity and this Court has no jurisdiction to entertain the appeal (see Jordan v City of New York, 23AD3d 436, 437 [2005]; Bossert v Ford Motor Co., 140 AD2d 480, 481 [1988]).Rivera, J.P., Leventhal, Roman and Sgroi, JJ., concur.