Statute · New York Civil Practice Law & Rules
N.Y. C.P.L.R. 1015 — Substitution upon death
N.Y. C.P.L.R. 1015
- Type
- Statute
- Source
- New York Civil Practice Law & Rules
- Jurisdiction
- New York
- Current through
- Nov 4, 2026 (NY Senate Open Legislation)
§ 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.
Citator
N.Y. C.P.L.R. 1015 — Substitution upon death is in force in the current edition of the Code, and nothing recorded condemns it.
§ 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.