REOUX v. REOUX


14 A.D.2d 648 (1961)

Harry A. Reoux, Appellant, v. Adelia H. Reoux, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

August 1, 1961


It appears that defendant had died before the service of the notice of motion which resulted in the order appealed from. Upon her death, this action abated and could be revived and continued only upon the substitution of her executor as defendant. Until such is made, no proceedings in the action can be taken by either party and the order of Special Term is a nullity. It follows that the notice of appeal is also void. (Solomon v. Kittay, 11 A.D.2d 725...

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