Stavros & Kalliopi Notias v Sam Najah
2026 NY Slip Op 66914(U)
April 22, 2026
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.
Stavros and Kalliopi Notias, Respondents,
v
Sam Najah, Appellant, "John Doe" and "Jane Doe", Undertenants.
Appellate Term of the Supreme Court of the State of New York, 2d, 11th And 13th Judicial Districts
April 22, 2026
2025-239 K C
Wavny Toussaint, P.J.
Marina Cora Mundy
Joanne D. Quiñones, JJ.
[*1]Appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered November 12, 2024. Upon being advised that appellant Samir Sara ("Sam Najah") had passed away, by decision and order of this court dated July 2, 2025, on the court's own motion, the appeal was "held in abeyance pending a substitution for the deceased appellant (see CPLR 1015, 1021)." It was further ordered that in the event the substitution was not made within four months, the court, on its own motion, may dismiss the appeal pursuant to CPLR 1021 for failure to effect a timely substitution.
More than five months have elapsed since the order was issued, and no affidavit or affirmation has been filed.
On the court's own motion, it is
ORDERED that the appeal is dismissed for failure to effect timely substitution (see CPLR 1021).
ENTER:
Jennifer Chan
Chief Clerk