ESQ HQNEW YORK LAW WATCH

Appellate Division, Second Department · October 28, 2026 · 2026 NY Slip Op 06345

U.S. Bank National Association, etc., appellant, v Sandra Simpson, etc., respondent, et al., defendants.

Read the official decision: 2026 NY Slip Op 06345

Holding The court held that the January 2018 order was a nullity because it was issued after the borrower’s death and before the substitution of a legal representative. Consequently, the December 2022 order was also properly vacated because the action remained dismissed.

The court’s words

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

2026 NY Slip Op 06345, at the official text

any determination rendered without such a substitution is generally deemed a nullity

2026 NY Slip Op 06345, at the official text

Since a substitution had not been made, the Supreme Court should not have determined the merits of the plaintiff's motion

2026 NY Slip Op 06345, at the official text
CourtAppellate Division, Second Department
DecidedOctober 28, 2026
Citation2026 NY Slip Op 06345
Area of lawCivil Procedure
WeekWeek ending October 31, 2026
Official textOfficial decision: 2026 NY Slip Op 06345
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1624

Recommended citation

ESQ HQ, New York Law Watch, U.S. Bank National Association, etc., appellant, v Sandra Simpson, etc., respondent, et al., defendants., 2026 NY Slip Op 06345 (Appellate Division, Second Department, October 28, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06345/

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.

Read how Law Watch works

Published October 28, 2026. Updated October 28, 2026.