Appellate Division, Second Department · September 23, 2026 · 2026 NY Slip Op 05383
Guthrie v New York-Presbyterian Brooklyn Methodist Hospital
Read the official decision: 2026 NY Slip Op 05383
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Holding The appeal is dismissed because the death of the plaintiff terminated his attorney’s authority to act on his behalf. Since no substitution of a representative was effected, the counsel lacked the authority to take the appeal.
The court’s words
The death of a party terminates his or her attorney's authority to act on behalf of the deceased party
2026 NY Slip Op 05383, at the official text
Since counsel lacks the authority to act on the plaintiff's behalf, the appeal purportedly taken on the plaintiff's behalf must be dismissed
2026 NY Slip Op 05383, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 23, 2026 |
| Citation | 2026 NY Slip Op 05383 |
| Area of law | Civil Procedure |
| Week | Week ending September 26, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05383 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 154 |
Recommended citation
ESQ HQ, New York Law Watch, Guthrie v New York-Presbyterian Brooklyn Methodist Hospital, 2026 NY Slip Op 05383 (Appellate Division, Second Department, September 23, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05383/
How this record was made
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