N.Y. CPLR § 210
N.Y. CPLR § 210 - Death of Claimant or Person Liable Cause of Action Accruing After Death and Before Grant of Letters (2024)
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NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 210 Death of claimant or person liable; cause of action accruingafter death and before grant of letters § 210. Death of claimant or person liable; cause of action accruingafter death and before grant of letters. (a) Death of claimant. Where aperson entitled to commence an action dies before the expiration of thetime within which the action must be commenced and the cause of actionsurvives, an action may be commenced by his representative within oneyear after his death.(b) Death of person liable. The period of eighteen months after thedeath, within or without the state, of a person against whom a cause ofaction exists is not a part of the time within which the action must becommenced 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 personalproperty wrongfully taken after the death and before the issuance ofletters, or to recover damages for taking, detaining or injuringpersonal property within that period, the time within which the actionmust be commenced shall be computed from the time the letters are issuedor from three years after the death, whichever event first occurs. Anydistributee, next of kin, legatee or creditor who was under a disabilityprescribed in section 208 at the time the cause of action accrued, may,within two years after the disability ceases, commence an action torecover such damages or the value of such property as he would havereceived upon a final distribution of the estate if an action had beentimely commenced by the executor or administrator.