| Schermerhorn L.P. v Eduardo Nisvis |
| Motion No: 2024-00027 KC |
| Slip Opinion No: 2024 NY Slip Op 68622(U) |
| Decided on May 10, 2024 |
| 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
WAVNY TOUSSAINT, P.J.
MARINA CORA MUNDY
LISA S. OTTLEY, JJ.
DECISION & ORDER ON MOTION
| Schermerhorn L.P., Appellant, v Eduardo Nisvis, Respondent. |
Appellant having appealed to this court from an order of the Civil Court of the City of New York, Kings County, entered November 13, 2023, and this court having been advised that respondent is deceased,
Now, on the court's own motion, it is,
ORDERED that the appeal is held in abeyance pending the substitution of a personal representative for the deceased respondent Eduardo Nisvis (see CPLR 1015, 1021); and it is further,
ORDERED that in the event that substitution is not made within four months from the date of this decision and order on motion, the court, on its own motion, may dismiss the appeal pursuant to CPLR 1021 for failure to effect timely substitution.
ENTER:
Paul Kenny
Chief Clerk