Legal Opinion
Schraven v. Town of Tonawanda
Appellate Division of the Supreme Court of the State of New York
Decided April 25, 1997PublishedCited by 7 opinions
1Opinion of the Court
—Order unanimously vacated and appeal dismissed without costs. Memorandum: Following the commencement of this personal injury action, plaintiff died. No substitution of a legal representative was made pursuant to CPLR 1015 (a) before defendant moved for summary judgment. As a result, Supreme Court lacked jurisdiction to rule on the motion and the order granting it is a nullity (see, Weber v Bellinger, 124 AD2d 1009; Silvagnoli v Consolidated Edison Empls. Mut. Aid Socy., 112 AD2d 819, 820). In addition, this Court has no jurisdiction to entertain the instant appeal (see, Catalfamo v Flushing…
2Cases cited4 opinions
- Silvagnoli v. Consolidated Edison Employees Mutual Aid SocietyAppellate Division of the Supreme Court of the State of New York · 1985
- Weber v. BellingerAppellate Division of the Supreme Court of the State of New York · 1986
- Muth v. BenjaminAppellate Division of the Supreme Court of the State of New York · 1985
- Catalfamo v. Flushing National BankAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by7 opinions
- Giroux v. Dunlop Tire Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Kelly v. Methodist HospitalAppellate Division of the Supreme Court of the State of New York · 2000
- Cupo v. Babcock Borsig Power, Inc.New York Supreme Court · 2004
- In re the Estate of LeopoldAppellate Division of the Supreme Court of the State of New York · 2006
- Kelly v. St. Francis HospitalAppellate Division of the Supreme Court of the State of New York · 2012
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