N.Y. Estates, Powers & Trusts Law § 11-3.3: Limitations upon recovery where injury causes death

§ 11-3.3 Limitations upon recovery where injury causes death

(a) Where an injury causes the death of a person the damages

recoverable for such injury are limited to those accruing before death

and shall not include damages for or by reason of death, except that the

reasonable funeral expenses of the decedent, paid by the estate or for

the payment of which the estate is responsible, shall be recoverable in

such action. The damages recovered become part of the estate of the

deceased.

(b) Nothing contained herein shall affect the cause of action existing

in favor of the next of kin under 5-4.1, subject to the following:

(1) Such cause of action and the cause of action, under this section,

in favor of the estate to recover damages may be prosecuted to judgment

in a single action; a separate verdict, report or decision shall be

rendered as to each cause of action.

(2) Where an action to recover damages for personal injury has been

brought, and the injured person dies, as a result of the injury, before

verdict, report or decision, his personal representative may enlarge the

complaint in such action to include the cause of action for wrongful

death under 5-4.1.

(3) Where an action to recover damages under this section and a

separate action for wrongful death under 5-4.1 are pending against the

same defendant, they may be consolidated on the motion of either party.