AQUILES GOMEZ v. EDDY FREMONT BAKER MCEVOY MOSKOVITS (2026)

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

AQUILES GOMEZ, Plaintiff–Respondent, v. EDDY FREMONT et al., Defendants–Appellants, BAKER, MCEVOY & MOSKOVITS, Nonparty Appellant.

Index No. 23727 /19

Decided: June 04, 2026

Scarpulla, J.P., Shulman, O'Neill Levy, Chan, JJ.

Marjorie E. Bornes, Freeport, for appellants.

Order, Supreme Court, Bronx County (John A. Howard–Algarin, J.), entered on or about February 24, 2025, which, to the extent appealed from as limited by the briefs, ordered nonparty Baker, McEvoy & Moskovits to substitute a representative for the deceased defendant Mohammad Javaid, unanimously reversed, on the law with costs, and the order vacated.

The court should not have ordered nonparty law firm—former counsel to deceased defendant Javaid—to substitute a representative for Javaid (see Wisdom v. Wisdom, 111 A.D.2d 13, 14–15 [1st Dept 1985] ). The death of a party terminates their attorney's power to act on their behalf (see Snipes v. Schmidt, 166 AD3d 483, 483[1st

Dept 2018]; see also CPLR 1015[a] ). The court's power in this circumstance was limited to the procedures outlined in CPLR 1021 (see CPLR 1021).

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