Champion Mortgage v. Williams

Summary

The Appellate Division, Second Department dismissed the appeal and vacated an order and judgment of foreclosure and sale. The court held that the death of a defendant who remained subject to a deficiency provision affected the merits, and that the failure to substitute a representative under CPLR 1015(a) deprived the Supreme Court of jurisdiction to issue the judgment. The judgment was therefore a nullity.

Holdings

1. Because Trevor P. Williams died before entry of the foreclosure judgment and no proper substitution was made as required by CPLR 1015(a), the Supreme Court lacked jurisdiction to issue the order and judgment of foreclosure and sale.
2. The order and judgment of foreclosure and sale was a nullity and had to be vacated, and the appeal had to be dismissed because the Appellate Division lacked jurisdiction to entertain an appeal from that nullity.

Questions Presented

1. Whether the Supreme Court had jurisdiction to issue an order and judgment of foreclosure and sale after a defendant died and before a representative of the defendant's estate was substituted.
2. Whether the death of the defendant affected the merits of the action because the foreclosure judgment included a deficiency provision applicable to the decedent.
3. Whether the Appellate Division had jurisdiction to entertain the appeal from a judgment that was a nullity.

Disposition

vacated