2006 New York Code - Action By Personal Representative For Wrongful Act, Neglect Or Default Causing Death Of Decedent



 
  § 5-4.1 Action  by  personal representative for wrongful act, neglect or
            default causing death of decedent
    1. The personal representative, duly appointed in this  state  or  any
  other  jurisdiction,  of  a decedent who is survived by distributees may
  maintain an action to recover damages for a  wrongful  act,  neglect  or
  default  which  caused  the  decedent's death against a person who would
  have been liable to the decedent by reason of such wrongful  conduct  if
  death  had not ensued. Such an action must be commenced within two years
  after the decedent's death; provided, however, that an action on  behalf
  of  a  decedent  whose  death  was  caused  by  the terrorist attacks on
  September eleventh, two thousand one, other than a  decedent  identified
  by  the  attorney  general  of  the  United  States  as a participant or
  conspirator in such attacks, must be commenced within two years and  six
  months  after  the  decedent's  death.  When  the  distributees  do  not
  participate in the administration of the decedent's estate under a  will
  appointing   an   executor   who  refuses  to  bring  such  action,  the
  distributees  are  entitled  to  have  an  administrator  appointed   to
  prosecute the action for their benefit.
    2.  Whenever  it  is  shown  that a criminal action has been commenced
  against the same defendant with respect to the event or occurrence  from
  which  a claim under this section arises, the personal representative of
  the decedent shall have at least one year from the  termination  of  the
  criminal action as defined in section 1.20 of the criminal procedure law
  in  which  to maintain an action, notwithstanding that the time in which
  to commence such action has already expired or  has  less  than  a  year
  remaining.

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