1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 201 A.D.3d
  5. 201 A.D.3d 498 (2022)
 

DEUTSCHE BANK NATL. TRUST CO. v. CRUZ

380839/08. Appeal No. 15054-15055. Case Nos. 2021-00323, 2021-00325, 2021-00326.

201 A.D.3d 498 (2022)

156 N.Y.S.3d 858

2022 NY Slip Op 00246

Deutsche Bank National Trust Company, Respondent, v. Carmen Cruz, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 13, 2022.

Attorney(s) appearing for the Case

Gail M. Blasie, PC, Garden City (Gail M. Blasie of counsel), for appellant.

McCalla Raymer Leibert Pierce, LLC, New York (David Gantz of counsel), for respondent.

Concur—Acosta, P.J., Manzanet-Daniels, González, Mendez, Rodriguez, JJ.

The motion court correctly declined to address Cruz's jurisdictional argument, because defendant Norberto Oliveras's death approximately three years after this mortgage foreclosure action was commenced had automatically divested it of jurisdiction, and no substitution had been made (see Noriega v Presbyterian Hosp. in City of N.Y., 305 A.D.2d 220, 221 [1st Dept 2003]).

Contrary to Cruz's contention, the court properly dismissed...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases