On October 26, 2022, the Second Department issued a decision in CitiMortgage, Inc. v. Clement, 2022 NY Slip Op. 05987, holding that a trial court erred in dismissing an action after the defendant’s death and before a representative of the estate appeared, explaining:
The death of a party divests the court of jurisdiction and stays the proceedings until a proper substitution has been made pursuant to CPLR 1015(a). Any determination rendered without such a substitution is generally deemed a nullity.
Here, Clement’s death triggered a stay of all proceedings in the action pending substitution of a legal representative. As a result, the Supreme Court should not have directed dismissal of the action pursuant to 22 NYCRR 202.27 after Clement’s death and before the substitution of a legal representative. Accordingly, the court properly granted that branch of the plaintiff’s cross motion which was to vacate the order dated February 18, 2014.
(Internal quotations and citations omitted).