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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
CourtAppellate Division, Second Department
DecidedSeptember 23, 2026
Citation2026 NY Slip Op 05383
Area of lawCivil Procedure
WeekWeek ending September 26, 2026
Official textOfficial decision: 2026 NY Slip Op 05383
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id154

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

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published September 23, 2026. Updated September 23, 2026.