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ERIN CONSTR. & DEV. CO., INC. v. HARTFORD SERVS., LTD.

10242N, 300680/14.

176 A.D.3d 633 (2019)

109 N.Y.S.3d 632

2019 NY Slip Op 07753

Erin Construction & Development Co., Inc., Appellant, v. Hartford Services, Ltd., et al., Respondents, et al., Defendants.

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

Decided October 29, 2019.

Attorney(s) appearing for the Case

Forchelli Deegan Terrana LLP, Uniondale ( Parshhueram T. Misir of counsel), for appellant.

Rodman and Campbell, P.C., Bronx ( Hugh W. Campbell of counsel), for respondents.

Concur—Renwick, J.P., Manzanet-Daniels, Mazzarelli, Webber, Oing JJ.

The trial court was divested of jurisdiction over this matter upon the death of defendant Herman W. Smith, which occurred six months prior to the issuance of the court's order (CPLR 1015). Accordingly, its vacatur of plaintiff's mechanic's lien and its discharge of plaintiff's notice of pendency, both rendered prior to any substitution on the deceased party's behalf, were nullities (Faraone v National Academy of Tel. Arts & Sciences, 296 A.D.2d...

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