Ocean Diagnostic Imaging, P.C. v. Merchants Mutual Insurance

OPINION OF THE COURT

Memorandum.

Appeal dismissed.

*10While plaintiffs motion for summary judgment was pending before the Civil Court, Stephen A. Zinn, M.D., who was the sole officer, director and shareholder of plaintiff, died. In an order dated August 16, 2005, plaintiffs motion for summary judgment was denied on the ground that the “court has no jurisdiction” due to Zinn’s death. Thereafter, a substitution of counsel form was executed, purportedly on behalf of plaintiff, and successor counsel filed a notice of appeal, also purportedly on plaintiffs behalf, and subsequently filed an appellant’s…