| Gregory Pearsall v Kyung J. Cha & Jooyung J. Cha |
| Motion No: 2017-00965 QC |
| Slip Opinion No: 2018 NY Slip Op 63465(U) |
| Decided on January 30, 2018 |
| 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
| Gregory Pearsall, Respondent, v Kyung J. Cha and Jooyung J. Cha, Appellants, and Leonard A. Daleo, Tenant. |
On the court's own motion, it is
ORDERED that so much of the above-captioned appeal from an order of the Civil Court of the City of New York, Queens County, entered January 30, 2017, as was purportedly taken by appellant Kyung J. Cha is dismissed, the portion of the order appealed from that denied so much of the motion giving rise to the order as was purportedly brought on behalf of appellant Kyung J. Cha is vacated, and so much of the complaint as was asserted against appellant Kyung J. Cha is dismissed.
This court has received proof that appellant Kyung J. Cha died on November 10, 2007, prior to the 2008 commencement of this action. Thus, so much of the action as was against appellant Kyung J. Cha was a nullity from the inception of the action (see Gorbaty v Brodsky, 142 AD3d 584 [2016]).
ENTER:
Paul Kenny
Chief Clerk