Opinion
Motion No: 2014-00459 KC
09-30-2014
BNS Buildings, LLC, Appellant, v. Robert Corbett, Tenant, and Kim Corbett, Respondent, et al., Undertenants.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Civil Court of the City of New York, Kings County, entered August 28, 2013.
On the court's own motion, it is
ORDERED that the appeal is dismissed and the Civil Court's order entered August 28, 2013 is vacated.
Respondent's brief states that tenant Robert Corbett died in 2009, and there has been no substitution for the deceased tenant. Tenant's death divested the court of jurisdiction to conduct any proceedings until a proper substitution had been made (CPLR 1015[a]; see Matter of Vita V. [Cara B.], 100 AD3d 913 [2012]; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713 [2011]).
ENTER:
Paul Kenny
Chief Clerk