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MARTE v. GRABER

58 A.D.3d 1 (2008)

867 N.Y.S.2d 71

AMIN MARTE, Respondent, v. SANDRA GRABER, as Voluntary Administrator of the Estate of HERMAN GRABER, Deceased, Appellant.

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

November 13, 2008.

Attorney(s) appearing for the Case

Ronald Cohen, New York City, for appellant.

David M. Goldberg, Amenia, for respondent.

NARDELLI, J.P., WILLIAMS and SWEENY, JJ., concur.

OPINION OF THE COURT

CATTERSON, J.

Because there simply is no precedent nor any support in New York's Civil Practice Law and Rules for a court obtaining jurisdiction over an action "commenced" three months after the death of the individual named as the sole defendant, we find that the order appealed from is a nullity. The complaint should have been dismissed by the motion court as a nullity when the putative plaintiff, having filed a summons and complaint...

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