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DEUTSCHE BANK NATL. TRUST CO. v. CRUZ

380839/08. Appeal No. 15054-15055. Case Nos. 2021-00323, 2021-00325, 2021-00326.

201 A.D.3d 498 (2022)

156 N.Y.S.3d 858

2022 NY Slip Op 00246

Deutsche Bank National Trust Company, Respondent, v. Carmen Cruz, Appellant, et al., Defendants.

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

Decided January 13, 2022.

Attorney(s) appearing for the Case

Gail M. Blasie, PC, Garden City ( Gail M. Blasie of counsel), for appellant.

McCalla Raymer Leibert Pierce, LLC, New York ( David Gantz of counsel), for respondent.

Concur—Acosta, P.J., Manzanet-Daniels, González, Mendez, Rodriguez, JJ.

The motion court correctly declined to address Cruz's jurisdictional argument, because defendant Norberto Oliveras's death approximately three years after this mortgage foreclosure action was commenced had automatically divested it of jurisdiction, and no substitution had been made (see Noriega v Presbyterian Hosp. in City of N.Y., 305 A.D.2d 220, 221 [1st Dept 2003]).

Contrary to Cruz's contention, the court properly dismissed...

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