THOMAS v. RUBIN

Index No. 159367/19. Appeal No. 14213. Case No. 2021-01405.

197 A.D.3d 1061 (2021)

151 N.Y.S.3d 866

2021 NY Slip Op 05112

Rachel Thomas, Respondent; v. Howard Rubin, Appellant, et al., Defendant.

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

Decided September 28, 2021.


Attorney(s) appearing for the Case

Dechert LLP, New York ( May K. Chiang of counsel), for appellant.

Balestriere Fariello, New York ( Mandeep S. Minhas of counsel), for respondent.

Concur— Acosta, P.J., Singh, Kennedy, Mendez, Higgitt, JJ.


Were we to reach the merits, we would agree with Supreme Court. However, the death of a party effects an automatic stay of all proceedings precluding our review at this time.

Defendant Ashley Duduk (Duduk) appeared in the action by answering the complaint in October 2019. Defendant Howard Rubin's brief states that Duduk died on or around July 2020. The record does not provide proof of Duduk's death, nor is there any evidence of a substitution made for Duduk. Supreme...

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