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New York Consolidated Laws, Civil Practice Law and Rules - CVP § 210. Death of claimant or person liable;  cause of action accruing after death and before grant of letters

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(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.

Cite this article: FindLaw.com - New York Consolidated Laws, Civil Practice Law and Rules - CVP § 210. Death of claimant or person liable;  cause of action accruing after death and before grant of letters - last updated January 01, 2021 | https://codes.findlaw.com/ny/civil-practice-law-and-rules/cvp-sect-210.html


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