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SCHRAVEN v. TOWN OF TONAWANDA

238 A.D.2d 952 (1997)

661 N.Y.S.2d 169

Katherine Schraven, Appellant, v. Town of Tonawanda, Respondent

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

April 25, 1997

Order unanimously vacated and appeal dismissed without costs.

Memorandum:

Following the commencement of this personal injury action, plaintiff died. No substitution of a legal representative was made pursuant to CPLR 1015 (a) before defendant moved for summary judgment. As a result, Supreme Court lacked jurisdiction to rule on the motion and the order granting it is a nullity (see, Weber v Bellinger, 124 A.D.2d 1009

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