Opinion
January 28, 1991
Appeal from the Supreme Court, Queens County (LeVine, J.).
Ordered that the order and judgment is affirmed, with costs.
Under the terms of the subscription agreement entered into by the plaintiff and her late husband, both parties became jointly and severally liable for the purchase of the subject apartment. As the death of a joint obligor cannot void the obligation (General Obligations Law § 15-106), we find that the Supreme Court properly dismissed the complaint for failure to state a cause of action. Bracken, J.P., Lawrence, Eiber, Harwood and Rosenblatt, JJ., concur.