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HICKS v. JEFFREY

304 A.D.2d 618 (2003)

757 N.Y.S.2d 474

WILLIAM HICKS, Appellant, v. ALBERT JEFFREY, Respondent.

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

Decided April 14, 2003.

Ordered that the order is reversed, on the law, with costs, and the motion is granted.

It is well settled that the death of a party stays the action as to him or her pending the substitution of a legal representative, and any determination rendered without such a substitution is generally deemed a nullity (see CPLR 1015; Matter of Einstoss, 26 N.Y.2d 181, 187, 189 [1970]; Gonzalez v Ford Motor Co.,

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