Opinion
10242N Index 300680/14
10-29-2019
ERIN CONSTRUCTION & DEVELOPMENT CO., INC., Plaintiff–Appellant, v. HARTFORD SERVICES, LTD., et al., Defendants–Respondents, Joseph Ameyaw, et al., Defendants.
Forchelli Deegan Terrana LLP, Uniondale (Parshhueram T. Misir of counsel), for appellant. Rodman and Campbell, P.C., Bronx (Hugh W. Campbell of counsel), for respondents.
Forchelli Deegan Terrana LLP, Uniondale (Parshhueram T. Misir of counsel), for appellant.
Rodman and Campbell, P.C., Bronx (Hugh W. Campbell of counsel), for respondents.
Renwick, J.P., Manzanet–Daniels, Mazzarelli, Webber, Oing JJ.
Order, Supreme Court, Bronx County (Doris M. Gonzalez, J.), entered on or about May 23, 2018, which vacated plaintiff's mechanic's lien, and discharged plaintiff's notice of pendency, unanimously reversed, on the law, without costs, and the mechanic's lien and notice of pendency reinstated.
The trial court was divested of jurisdiction over this matter upon the death of defendant Herman W. Smith, which occurred six months prior to the issuance of the court's order ( CPLR 1015 ). Accordingly, its vacatur of plaintiff's mechanic's lien and its discharge of plaintiff's notice of pendency, both rendered prior to any substitution on the deceased party's behalf, were nullities ( Faraone v. National Academy of Tel. Arts & Sciences. , 296 A.D.2d 349, 745 N.Y.S.2d 163 [1st Dept. 2002] ). Our holding is without prejudice as to any proceedings that may be taken once a legal representative has been substituted (see Gaines v. City of New York , 104 A.D.3d 610, 961 N.Y.S.2d 771 [1st Dept. 2013] ).