BROGAN v. MARY IMMACULATE HOSP. DIV. OF CATHOLIC MED. CTR. OF BROOKLYN & QUEENS, INC.


209 A.D.2d 663 (1994)

619 N.Y.S.2d 325

Mary Brogan et al., Respondents, v. Mary Immaculate Hospital Division of Catholic Medical Center of Brooklyn & Queens, Inc., et al., Defendants, and D. Taylor et al., Appellants

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

November 28, 1994


Ordered that the order is affirmed insofar as appealed from, with costs.

It is undisputed that at the time the court dismissed the action for failure to comply with discovery, the plaintiff Robert Brogan had died and a proper substitution for him had not been made. It is well settled that the death of a party divests the court of jurisdiction to render a judgment until a proper substitution has been made, and that any judgment...

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