Benjamin v LaSalle Bank N.A.
Motion No: 2019-09843
Slip Opinion No: 2025 NY Slip Op 64950(U)
Decided on March 19, 2025
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M303676

AFA/

LARA J. GENOVESI, J.P.

DEBORAH A. DOWLING

JANICE A. TAYLOR

PHILLIP HOM, JJ.

2019-09843

Chittra Benjamin, individually and as

administrator of the estate of David Benjamin,

et al., appellant-respondent, v LaSalle Bank N.A.,

defendant-respondent, U.S. Bank National

Association, etc., respondent-appellant.

(Index No. 715088/2018)

DECISION & ORDER ON MOTION

Appeal and cross-appeal from an order of the Supreme Court, Queens County, dated July 15, 2019. Motion by Chittra Benjamin, as administrator of the estate of David Benjamin, to be to be substituted for the deceased appellant-respondent David Benjamin, to amend the caption accordingly, and to vacate the stay that arose upon the death of the appellant-respondent David Benjamin.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, Chittra Benjamin, as administrator of the estate of David Benjamin, is substituted for the deceased appellant-respondent David Benjamin, the caption is amended accordingly, and the stay which arose upon the death of the deceased appellant-respondent David Benjamin is vacated.

GENOVESI, J.P., DOWLING, TAYLOR and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court