2006 New York Code - Action For Injury To Person Or Property Survives Despite Death Of Person In Whose Favor Or Against Whom Cause Of Action Existed

 
  § 11-3.2 Action  for injury to person or property survives despite death
             of person in whose favor or  against  whom  cause  of  action
             existed
    (a)  Action  against  personal  representative for injury to person or
  property.
    (1) No cause of action for  injury  to  person  or  property  is  lost
  because  of  the  death  of  the  person  liable for the injury. For any
  injury, an action may be  brought  or  continued  against  the  personal
  representative  of  the  decedent,  but  punitive  damages  shall not be
  awarded nor penalties adjudged in any such  action  brought  to  recover
  damages  for  personal injury. This section extends to a cause of action
  for wrongfully causing death and an action therefor may  be  brought  or
  continued  against  the  personal  representative  of  the person liable
  therefor.
    (2) Where death or an injury to person or property, resulting  from  a
  wrongful  act,  neglect  or default, occurs simultaneously with or after
  the death of a person who would have been liable therefor if  his  death
  had not occurred simultaneously with such death or injury or between the
  wrongful  act,  neglect or default and the resulting death or injury, an
  action to recover damages for such death or  injury  may  be  maintained
  against the personal representative of such person.
    (b)  Action  by  personal  representative  for  injury  to  person  or
  property.
    No cause of action for injury to person or property is lost because of
  the death of the person in whose favor the cause of action existed.  For
  any injury an action  may  be  brought  or  continued  by  the  personal
  representative  of  the  decedent,  but  punitive  damages  shall not be
  awarded nor penalties adjudged in any such  action  brought  to  recover
  damages  for  personal injury where the death occurs on or before August
  thirty-first, nineteen hundred eighty-two. On  the  trial  of  any  such
  action  accruing  before September first, nineteen hundred seventy-five,
  which is joined with an  action  for  causing  death,  the  contributory
  negligence of the decedent is a defense, to be pleaded and proved by the
  defendant.    No  cause  of  action for damages caused by an injury to a
  third person is lost because of the death of the third person.