72 F.3d 78, 87 (2d Cir. 2017), cert. denied, 139 S. Ct. 171, 202 L. Ed. 2d 37 (2018) ("This general rule, almost unanimously followed by the federal Courts of Appeals, has its roots in the common law doctrine of abatement ab initio: `everything associated with the case is extinguished, leaving the defendant