Plaintiffs' claim that the court lacked jurisdiction to render a decision on defendant's motion for summary judgment after plaintiffs' decedent's death and before plaintiffs' substitution (CPLR 5016 [d]) should have been raised at the first opportunity after plaintiffs' substitution, before the ensuing judgment was settled and entered, and their failure to do so constitutes a waiver of the claim (cf., Silvagnoli v Consolidated Edison Empls. Mut. Aid Socy., ...
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