June 8, 2025

Death of a party.

Generally, the death of a party divests a court of jurisdiction to act, and automatically stays proceedings in the action pending the substitution of a personal representative for the decedent. However, where a party's death does not affect the merits of a case, there is no need for strict adherence to the requirement that the proceedings be stayed pending substitution.

Bethpage Fed. Credit Union v. Hughes, NY Slip Op 03298 (2d Dep't June 4, 2025)

Here is the decision.