N.Y. Civil Practice Law & Rules § 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.