N.Y. Civil Practice Law & Rules § 210: Death of claimant or person liable; cause of action accruing after death and before grant of letters

§ 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.