CPLR § 1021 Substitution procedure; dismissal for failure to substitute; presentation of appeal
Stancu v Cheon Hyang Oh, 2010 NY Slip Op 05754 (App. Div. 2nd, 2010)
The death of a party divests the court of jurisdiction to conduct proceedings in an action, the action is stayed as to him or her pending substitution of a legal representative, and any determination rendered without such a substitution is generally deemed a nullity (see CPLR 1015, 1021; Reed v Grossi, 59 AD3d 509, 511; Rumola v Maimonides Med. Ctr., 37 AD3d 696, 696-697; Lugo v GE Capital Auto Lease, 36 AD3d 409, 410; Singer v Riskin, 32 AD3d 839, 839-840; Giroux v Dunlop Tire Corp., 16 AD3d 1068, 1069; Hicks v Jeffrey, 304 AD2d 618, 618; Faraone v National Academy of Tel. Arts & Sciences, 296 AD2d 349, 350; Gonzalez v Ford Motor Co., 295 AD2d 474, 475).
Here, the plaintiffs provided no reason why discovery was required. Accordingly, under the circumstances of this case, the Supreme Court properly denied the plaintiffs' motion, inter alia, to vacate the stay of the action imposed pursuant to CPLR 1015 as a consequence of the decedent's death to the extent of allowing them to conduct discovery to obtain information necessary to appoint an administrator of the decedent's estate in the State of New Jersey.
The bold is mine.