2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 2 - (201 - 218) LIMITATIONS OF TIME
210 - Death of claimant or person liable; cause of action accruing after death and before grant of letters.


NY CPLR § 210 (2012) What's This?
 
    §  210.  Death  of claimant or person liable; cause of action accruing
  after death and before grant of letters. (a) Death of claimant. Where  a
  person  entitled to commence an action dies before the expiration of the
  time within which the action must be commenced and the cause  of  action
  survives,  an  action  may be commenced by his representative within one
  year after his death.
    (b) Death of person liable. The period of eighteen  months  after  the
  death,  within or without the state, of a person against whom a cause of
  action exists is not a part of the time within which the action must  be
  commenced against his executor or administrator.
    (c)  Cause of action accruing after death and before grant of letters.
  In an action  by  an  executor  or  administrator  to  recover  personal
  property  wrongfully  taken  after  the death and before the issuance of
  letters, or  to  recover  damages  for  taking,  detaining  or  injuring
  personal  property  within that period, the time within which the action
  must be commenced shall be computed from the time the letters are issued
  or from three years after the death, whichever event first  occurs.  Any
  distributee, next of kin, legatee or creditor who was under a disability
  prescribed  in section 208 at the time the cause of action accrued, may,
  within two years after the disability  ceases,  commence  an  action  to
  recover  such  damages  or  the  value of such property as he would have
  received upon a final distribution of the estate if an action  had  been
  timely commenced by the executor or administrator.

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