State Codes and Statutes

Statutes > New-york > Cvp > Article-2 > 210

§  210.  Death  of claimant or person liable; cause of action accruing  after death and before grant of letters. (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.

State Codes and Statutes

Statutes > New-york > Cvp > Article-2 > 210

§  210.  Death  of claimant or person liable; cause of action accruing  after death and before grant of letters. (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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cvp > Article-2 > 210

§  210.  Death  of claimant or person liable; cause of action accruing  after death and before grant of letters. (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.