Practice point: On a party's death, the court no longer has jurisdiction to conduct proceedings, and the action is stayed as to decedent pending substitution of a legal representative.
Students should note that any determination rendered absent that substitution is a nullity, pursuant to CPLR 1015, 1021.
Case: Stancu v. Oh, NY Slip 05754 (2d Dept. 2010)
Here is the opinion.
Monday’s issue: Property.
