Notice of Motion - Order to Show Cause - Exhibits and Affidavits Annexed
NYSCEF No(s). 10-23
Answering Affidavit and Exhibits NYSCEF No(s). XXXXX
Replying Affidavit and Exhibits NYSCEF No(s). XXXXX
Upon the foregoing papers, the Court holds that:
Plaintiffs motion for default judgment against defendant Aura Marina Cevallos is DENIED and this action is DISMISSED AS A NULLITY, as defendant Aura Marina Cevallos was deceased prior to the commencement of the action and no other defendants have been served (Krysa v Estate of Qyra, 136 A.D3d 760 [1st Dept 2016], lv denied 27 NY3d 907 [2016]; Rivera v Bruchim, 103 AD3d 700 [1st Dept 2013]; Marte v Graber, 58 AD3d 1, 3 [1st Dept 2008]; see NYSCEF Doc. No. 8 [verified return of service]). This constitutes the decision and order of the Court.
Dated: 6/20/24
Hon. Ashlee Crawford, A.J.S.C.
Ashlee Crawford, J.