2013 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 50-B - (5041 - 5049) PERIODIC PAYMENT OF JUDGMENTS IN PERSONAL INJURY, INJURY TO PROPERTY AND WRONGFUL DEATH ACTIONS
5045 - Effect of death of judgment creditor.

 
    §  5045.  Effect  of  death of judgment creditor. (a) Unless otherwise
  agreed between the parties at the time security is  posted  pursuant  to
  section  five thousand forty-three of this article, in all cases covered
  by this  article  in  which  future  damages  are  payable  in  periodic
  installments, the liability for payment of any installments for medical,
  dental or other costs of health care or non-economic loss not yet due at
  the  death  of  the  judgment  creditor terminates upon the death of the
  judgment creditor.
    (b) The portion of any periodic payment allocable to  loss  of  future
  earnings  shall  not  be reduced or terminated by reason of the death of
  the judgment creditor, but shall be paid to persons to whom the judgment
  creditor owed a duty of support immediately prior to his  death  to  the
  extent that such duty of support exists under applicable law at the time
  of  the  death  of  the judgment creditor. Such payments to such persons
  shall continue for the remainder of the period as  originally  found  by
  the jury or until such duty of support ceases to exist, whichever occurs
  first.  In  such  cases,  the court which rendered the original judgment
  may, upon petition of any party in  interest,  modify  the  judgment  to
  award and apportion the future payments of such unpaid future damages in
  accordance  with  this  subdivision  which  apportioned amounts shall be
  payable in the future as provided for in this article. In the event that
  the judgment creditor does not owe a duty of support to  any  person  at
  the  time  of  the death of the judgment creditor or such duty ceases to
  exist, the remaining payments shall be considered part of the estate  of
  the  judgment  creditor.  In  such  cases,  the court which rendered the
  original judgment may, upon petition of any party in  interest,  convert
  those portions of such periodic payments allocable to the loss of future
  earnings to a lump sum by calculating the present value of such payments
  in  order  to  assist  in  the  settlement of the estate of the judgment
  creditor.