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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 28, 2026 |
| Citation | 2026 NY Slip Op 06345 |
| Area of law | Civil Procedure |
| Week | Week ending October 31, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06345 |
| 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 | 1624 |
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.
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