Marte v. Graber
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Catterson, J.
Because there simply is no precedent nor any support in New York’s Civil Practice Law and Rules for a court obtaining jurisdiction over an action “commenced” three months after the death of the individual named as the sole defendant, we find that the order appealed from is a nullity. The complaint should have been dismissed by the motion court as a nullity when the putative plaintiff, having filed a summons and complaint, discovered that the named defendant had died before the filing.
*3In or around July 2005, Amin Marte, incarcerated and acting pro se, filed an…
2Cases cited10 opinions
- Gershel v. PorrNew York Court of Appeals · 1996
- Stuyvesant v. . WeilNew York Court of Appeals · 1901
- Jordan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
- Silvagnoli v. Consolidated Edison Employees Mutual Aid SocietyAppellate Division of the Supreme Court of the State of New York · 1985
- Ingenito v. Grumman Corp.Appellate Division of the Supreme Court of the State of New York · 1993
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3Cited by23 opinions
- HSBC Bank USA v. Ungar Family Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2013
- Krysa v. Estate of QyraAppellate Division of the Supreme Court of the State of New York · 2016
- Wendover Financial Services v. RidgewayAppellate Division of the Supreme Court of the State of New York · 2012
- Rivera v. BruchimAppellate Division of the Supreme Court of the State of New York · 2013
- US Bank National Ass'n v. CadeumagAppellate Division of the Supreme Court of the State of New York · 2017
18 more not listed; retrieve them via the Exa API.