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MODICA v. MARCUS GARVEY NURSING HOME

138 A.D.2d 465 (1988)

Fred Modica, Respondent, v. Marcus Garvey Nursing Home, Appellant

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

March 14, 1988

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

The record discloses that the plaintiff died prior to service of the motion for summary judgment on his behalf, which is the subject of this appeal, and no legal representative has been substituted for him in this action (see, CPLR 1015 [a]). Therefore, this court has no jurisdiction to determine the appeal, and the judgment granted in his favor...

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