Leroy v. Morningside House Nursing Home Co., Inc.

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered November 4, 2013, which denied the motion of Karen Leroy, the administrator of the estate of Maureen Leroy, for an order, among other things, amending the caption to substitute her as plaintiff, and dismissed the action with prejudice, unanimously affirmed, without costs.

The court correctly found that a prior order dismissing the complaint for want of prosecution pursuant to CPLR 3216 was a nullity, because it was issued after plaintiffs death and before the substitution of a legal representative for her (see Griffin v…