Ramneg Realty Corp., Plaintiff, v. JUAN NEGRON JUAN NEGRON (2024)

Supreme Court, Bronx County, New York.

Ramneg Realty Corp., Plaintiff, v. Aura Marina Cevallos, heir to the estate of JUAN NEGRON, JUAN NEGRON'S respective heirs-at-law, next-of-kin, distributees, executors, administrators, trustees, devisees, legatees, assignees, lienors, creditors, and successors in interest and generally all persons having or claiming under, by or through said, defendant who may be deceased, by purchase, inheritance, lien or otherwise, any right title or interest in the real property described in the complaint herein. Defendants.

Index No. 817590 /2022E

Decided: June 20, 2024

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:

Plaintiff's 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.

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