2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 10 - (1001 - 1026) PARTIES GENERALLY
1015 - Substitution upon death.


NY CPLR § 1015 (2012) What's This?
 
    §  1015.  Substitution  upon death. (a) Generally. If a party dies and
  the claim for or against him is not thereby extinguished the court shall
  order substitution of the proper parties.
    (b) Devolution of rights or liabilities on  other  parties.  Upon  the
  death  of  one  or  more of the plaintiffs or defendants in an action in
  which the right sought to be enforced survives  only  to  the  surviving
  plaintiffs  or  against  the  surviving  defendants, the action does not
  abate. The death shall be noted on  the  record  and  the  action  shall
  proceed.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.