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MUTH v. BENJAMIN

109 A.D.2d 736 (1985)

Phyllis M. Muth, Appellant, v. Rhoda Benjamin, as Executrix of Martell Benjamin, Deceased, Respondent, et al., Defendant

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

March 4, 1985

Appeal dismissed, without costs or disbursements.

Plaintiff died on April 11, 1982. No substitution has since taken place as required by CPLR 1015. Under these circumstances, this court has no jurisdiction to hear and determine the instant appeal (see, Arena v Manganello, 31 A.D.2d 540; Hemphill v Rock, 87 A.D.2d 836; Byrd v Johnson, 67 A.D.2d 992<...

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