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CATALFAMO v. FLUSHING NAT'L BANK

124 A.D.2d 624 (1986)

John Catalfamo, Appellant, v. Flushing National Bank et al., Respondents, and Carat Contracting Co., Inc., Defendant and Third-Party Plaintiff-Respondent. Dra-Gam Construction Company et al., Third-Party Defendants-Respondents

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

November 10, 1986

Ordered that the appeal is dismissed, without costs or disbursements.

It appears from the brief submitted by the plaintiff's counsel that the plaintiff died on November 13, 1984. It further appears that no substitution has taken place as required by CPLR 1015. Under these circumstances, the order appealed from is a nullity and this court has no jurisdiction to hear and determine the instant appeal (see, Muth v...

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