CPLR § 1015

Substitution upon death

§ 1015. Substitution upon death. (a) Generally. If a party dies and the claim for or against him is not thereby extinguished the court shall order substitution of the proper parties.

(b) Devolution of rights or liabilities on other parties. Upon the death of one or more of the plaintiffs or defendants in an action in which the right sought to be enforced survives only to the surviving plaintiffs or against the surviving defendants, the action does not abate. The death shall be noted on the record and the action shall proceed.

Official sourcehttps://www.nysenate.gov/legislation/laws/CVP/1015

In plain English

(a) If a party dies and the claim survives, the court shall order substitution of the proper parties. ★
(b) If the right survives only to/against the surviving parties, the action does not abate — the death is noted on the record and the action proceeds.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.