Opinion
Motion No: 2019-01541 KC
01-19-2021
Kings Oak Terrace Cooperative Apartments, Inc., Respondent, v. Sara Bersh, Tenant, and William Bersh, Also Known as William Bershadsky, Appellant, et al., Undertenants.
MICHELLE WESTON
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Motion by appellant to substitute William Bershadsky, the administrator of the estate of Sara Bersh, for the deceased tenant Sara Bersh, and upon substitution, for this court to stay execution of the warrant of eviction pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered September 6, 2019. Separate motion by respondent for an enlargement of time to serve and file papers in opposition to appellant's motion.
Upon the papers filed in support of the motions, it is
ORDERED, on the court's own motion, that appellant's motion and respondent's motion are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion is denied as moot; and it is further,
ORDERED that appellant's motion is denied. Upon tenant's death on October 12, 2019, the proceeding should have been stayed pending substitution of a personal representative for tenant and, upon substitution, the proceeding could resume (see CPLR 1015; Aurora Bank FSB v Albright, 137 AD3d 1177 [2016]; Matter of Vita V. [Cara B.], 100 AD3d 913 [2012]; Neuman v Neumann, 85 AD3d 1138 [2011]). Consequently, the motion to substitute a personal representative for tenant should be made in the Civil Court.
ENTER:
Paul Kenny
Chief Clerk