| Muhammad Ashraf v Nautilus Real Estate, Inc., Scandic Wall Ltd. Partnership, Pyne Cos., LTD.,40 Wall Dev. Assoc., LLC, Mangia Wall, LLC, Kenjo 40 Wall St., Inc., & Hrh Constr. |
| Motion No: 2011-01764 kc |
| Slip Opinion No: 2011 NY Slip Op 83352(U) |
| Decided on September 6, 2011 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JOSEPH G. GOLIA
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| Muhammad Ashraf, Appellant, v Nautilus Real Estate, Inc., Scandic Wall Limited Partnership, The Pyne Companies, Ltd.,40 Wall Development Associates, LLC, Mangia Wall, LLC, Kenjo 40 Wall Street, Inc., and HRH Construction, Respondents. |
Motion by respondent HRH Construction Interiors, Inc. to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered May 13, 2011. Separate motion by respondent Nautilus Real Estate, Inc. to dismiss the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motions are granted and the appeal is dismissed on the ground that, absent a proper substitution for the deceased plaintiff, who died prior to the entry of the order appealed from, this court lacks jurisdiction to hear the appeal (see Wood v Dolloff, 52 AD3d 1190 [2008]).
ENTER:
Paul Kenny
Chief Clerk