N.Y. Civil Practice Law & Rules § 5045: Effect of death of judgment creditor

§ 5045. Effect of death of judgment creditor. (a) Unless otherwise

agreed between the parties at the time security is posted pursuant to

section five thousand forty-three of this article, in all cases covered

by this article in which future damages are payable in periodic

installments, the liability for payment of any installments for medical,

dental or other costs of health care or non-economic loss not yet due at

the death of the judgment creditor terminates upon the death of the

judgment creditor.

(b) The portion of any periodic payment allocable to loss of future

earnings shall not be reduced or terminated by reason of the death of

the judgment creditor, but shall be paid to persons to whom the judgment

creditor owed a duty of support immediately prior to his death to the

extent that such duty of support exists under applicable law at the time

of the death of the judgment creditor. Such payments to such persons

shall continue for the remainder of the period as originally found by

the jury or until such duty of support ceases to exist, whichever occurs

first. In such cases, the court which rendered the original judgment

may, upon petition of any party in interest, modify the judgment to

award and apportion the future payments of such unpaid future damages in

accordance with this subdivision which apportioned amounts shall be

payable in the future as provided for in this article. In the event that

the judgment creditor does not owe a duty of support to any person at

the time of the death of the judgment creditor or such duty ceases to

exist, the remaining payments shall be considered part of the estate of

the judgment creditor. In such cases, the court which rendered the

original judgment may, upon petition of any party in interest, convert

those portions of such periodic payments allocable to the loss of future

earnings to a lump sum by calculating the present value of such payments

in order to assist in the settlement of the estate of the judgment

creditor.