Practice point: The death of a party divests a court of jurisdiction to act, and automatically stays proceedings in the action pending the substitution of a legal representative for the decedent, pursuant to CPLR 1015(a). Any determination rendered without the necessary substitution will be deemed a nullity.
Student note: The death of a party terminates the authority of that person's attorney to act on that person's behalf.
Case: Aurora Bank FSB v. Albright, NY Slip Op 02307 (2d Dep't 2016)
Here is the decision.
Monday's issue: Expert testimony and jury deliberations.
