Opinion
February 19, 1985
Appeal from the Supreme Court, Queens County (Hyman, J.).
Appeal by plaintiff dismissed.
Judgment affirmed as to appellant Grega.
Respondent is awarded one bill of costs payable by appellant Grega.
Plaintiff died prior to the rendering of the decision against him, thereby making the decision void as to him and necessitating the dismissal of his appeal (CPLR 5016 [d]; Byrd v Johnson, 67 A.D.2d 992).
Special Term properly granted the motion for summary judgment against defendant Grega ( see, Paul v Ascher, 106 A.D.2d 619). There are no factual issues demonstrated in the record indicating that Volkswagen of America, Inc. was liable on the cross claim ( see, Robinson v Reed-Prentice Div., 49 N.Y.2d 471). Titone, J.P., Thompson, O'Connor and Eiber, JJ., concur.