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Catalfamo v. Flushing National Bank

Appellate Division of the Supreme Court of New York, Second Department
Nov 10, 1986
124 A.D.2d 624 (N.Y. App. Div. 1986)

Opinion

November 10, 1986

Appeal from the Supreme Court, Queens County (Santucci, J.).


Ordered that the appeal is dismissed, without costs or disbursements.

It appears from the brief submitted by the plaintiff's 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 A.D.2d 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.


Summaries of

Catalfamo v. Flushing National Bank

Appellate Division of the Supreme Court of New York, Second Department
Nov 10, 1986
124 A.D.2d 624 (N.Y. App. Div. 1986)
Case details for

Catalfamo v. Flushing National Bank

Case Details

Full title:JOHN CATALFAMO, Appellant, v. FLUSHING NATIONAL BANK et al., Respondents…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 10, 1986

Citations

124 A.D.2d 624 (N.Y. App. Div. 1986)

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