N.Y. CPLR § 1015
N.Y. CPLR § 1015 - Substitution upon Death
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NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 1015 Substitution upon death § 1015. Substitution upon death. (a) Generally. If a party dies andthe claim for or against him is not thereby extinguished the court shallorder substitution of the proper parties.(b) Devolution of rights or liabilities on other parties. Upon thedeath of one or more of the plaintiffs or defendants in an action inwhich the right sought to be enforced survives only to the survivingplaintiffs or against the surviving defendants, the action does notabate. The death shall be noted on the record and the action shallproceed.