2010 New York Code
EPT - Estates, Powers & Trusts
Article 11 - FIDUCIARY: POWERS, DUTIES AND LIMITATIONS; ACTIONS BY OR AGAINST IN REPRESENTATIVE OR INDIVIDUAL CAPACITIES
Part 4 - (11-4.1 - 11-4.7) PROCEDURAL ASPECTS OF ACTIONS BY OR AGAINST PERSONAL REPRESENTATIVES
11-4.5 - Want of assets not to be pleaded by personal representative

§ 11-4.5 Want of assets not to be pleaded by personal representative
    In  an  action or proceeding against a personal representative, in his
  representative capacity, in which the complaint demands judgment  for  a
  sum  of  money,  the non-existence or insufficiency of assets may not be
  pleaded and the plaintiff's right of recovery is not affected thereby.