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BONNAIG v. WALTON

110429/11. 10617. 10616.

178 A.D.3d 564 (2019)

112 N.Y.S.3d 488

2019 NY Slip Op 09103

Denise Kingue Bonnaig, Doing Business as Denise K. Bonnaig & Associates, Appellant-Respondent, v. Hilary C. Walton, Defendant, and BrainPop U, a Division of Anina Management Ltd., et al., Respondents-Appellants. Denise Kingue Bonnaig, Doing Business as Denise K. Bonnaig & Associates, Respondent, v. Hilary C. Walton, Defendant, and BrainPop U, a Division of Anina Management Ltd., et al., Appellants.

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

Decided December 19, 2019.

Attorney(s) appearing for the Case

Denise K. Bonnaig & Associates, New York ( Mahima Joishy of counsel), for appellant-respondent/respondent.

Shiboleth LLP, New York ( Daniel Goldstein of counsel), for respondents-appellants/appellants.

Concur—Friedman, J.P., Webber, Gesmer, Kern, JJ.

On December 25, 2015, after plaintiff and BrainPop had perfected their appeals from the March 2015 order, defendant Walton died. After having denied plaintiff's motion to sever the action against Walton in the March 2015 order, the motion court sua sponte severed the action against her in the November 2018 order.

The part of the November 2018 order that severed the action against Walton, who was then deceased, must be vacated as void as no legal representative has...

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