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GORBATY v. BRODSKY

2013-01871, Index No. 14970/10.

142 A.D.3d 584 (2016)

36 N.Y.S.3d 607

DMITRY GORBATY, Appellant, v. ELENA BRODSKY, Respondent. ALL MEDICAL CARE, LLP, Nonparty Respondent.

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

Decided August 17, 2016.

Ordered that the appeal is dismissed, without costs or disbursements, the order dated January 4, 2013, is vacated, and the complaint is dismissed.

The death of the defendant prior to the commencement of this action rendered the action a legal nullity from its inception, meaning that the order appealed from is a nullity and that this Court has no jurisdiction to entertain the appeal (see Krysa v Estate of Qyra, 136 A.D.3d 760

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