New York Consolidated Laws, Estates, Powers and Trusts Law - EPT § 11-3.2 Action for injury to person or property survives despite death of person in whose favor or against whom cause of action existed

(a) Action against personal representative for injury to person or property.

(1) No cause of action for injury to person or property is lost because of the death of the person liable for the injury.  For any injury, an action may be brought or continued against the personal representative of the decedent, but punitive damages shall not be awarded nor penalties adjudged in any such action brought to recover damages for personal injury.  This section extends to a cause of action for wrongfully causing death and an action therefor may be brought or continued against the personal representative of the person liable therefor.

(2) Where death or an injury to person or property, resulting from a wrongful act, neglect or default, occurs simultaneously with or after the death of a person who would have been liable therefor if his death had not occurred simultaneously with such death or injury or between the wrongful act, neglect or default and the resulting death or injury, an action to recover damages for such death or injury may be maintained against the personal representative of such person.

(b) Action by personal representative for injury to person or property.

No cause of action for injury to person or property is lost because of the death of the person in whose favor the cause of action existed.  For any injury an action may be brought or continued by the personal representative of the decedent, but punitive damages shall not be awarded nor penalties adjudged in any such action brought to recover damages for personal injury where the death occurs on or before August thirty-first, nineteen hundred eighty-two.  On the trial of any such action accruing before September first, nineteen hundred seventy-five, which is joined with an action for causing death, the contributory negligence of the decedent is a defense, to be pleaded and proved by the defendant.  No cause of action for damages caused by an injury to a third person is lost because of the death of the third person.


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