CPLR
§ 1015 Substitution upon death
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.
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