| Bns Bldgs., LLC v Robert Corbett, Tenant, & Kim Corbett |
| Motion No: 2014-00459 KC |
| Slip Opinion No: 2014 NY Slip Op 85514(U) |
| Decided on September 30, 2014 |
| 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.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| BNS Buildings, LLC, Appellant, v Robert Corbett, Tenant, and Kim Corbett, Respondent, et al., Undertenants. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered August 28, 2013.
On the court's own motion, it is
ORDERED that the appeal is dismissed and the Civil Court's order entered August 28, 2013 is vacated.
Respondent's brief states that tenant Robert Corbett died in 2009, and there has been no substitution for the deceased tenant. Tenant's death divested the court of jurisdiction to conduct any proceedings until a proper substitution had been made (CPLR 1015[a]; see Matter of Vita V. [Cara B.], 100 AD3d 913 [2012]; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713 [2011]).
ENTER:
Paul Kenny
Chief Clerk