N.Y. CPLR § 5045

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 5045 Effect of death of judgment creditor § 5045. Effect of death of judgment creditor. (a) Unless otherwiseagreed between the parties at the time security is posted pursuant tosection five thousand forty-three of this article, in all cases coveredby this article in which future damages are payable in periodicinstallments, the liability for payment of any installments for medical,dental or other costs of health care or non-economic loss not yet due atthe death of the judgment creditor terminates upon the death of thejudgment creditor.(b) The portion of any periodic payment allocable to loss of futureearnings shall not be reduced or terminated by reason of the death ofthe judgment creditor, but shall be paid to persons to whom the judgmentcreditor owed a duty of support immediately prior to his death to theextent that such duty of support exists under applicable law at the timeof the death of the judgment creditor. Such payments to such personsshall continue for the remainder of the period as originally found bythe jury or until such duty of support ceases to exist, whichever occursfirst. In such cases, the court which rendered the original judgmentmay, upon petition of any party in interest, modify the judgment toaward and apportion the future payments of such unpaid future damages inaccordance with this subdivision which apportioned amounts shall bepayable in the future as provided for in this article. In the event thatthe judgment creditor does not owe a duty of support to any person atthe time of the death of the judgment creditor or such duty ceases toexist, the remaining payments shall be considered part of the estate ofthe judgment creditor. In such cases, the court which rendered theoriginal judgment may, upon petition of any party in interest, conver ning payments shall be considered part of the estate ofthe judgment creditor. In such cases, the court which rendered theoriginal judgment may, upon petition of any party in interest, convertthose portions of such periodic payments allocable to the loss of futureearnings to a lump sum by calculating the present value of such paymentsin order to assist in the settlement of the estate of the judgmentcreditor.