N.Y. Estates, Powers & Trusts Law § 5-4.1: Action by personal representative for wrongful act, neglect or

§ 5-4.1 Action by personal representative for wrongful act, neglect or

default causing death of decedent

1. The personal representative, duly appointed in this state or any

other jurisdiction, of a decedent who is survived by distributees may

maintain an action to recover damages for a wrongful act, neglect or

default which caused the decedent's death against a person who would

have been liable to the decedent by reason of such wrongful conduct if

death had not ensued. Such an action must be commenced within two years

after the decedent's death; provided, however, that an action on behalf

of a decedent whose death was caused by the terrorist attacks on

September eleventh, two thousand one, other than a decedent identified

by the attorney general of the United States as a participant or

conspirator in such attacks, must be commenced within two years and six

months after the decedent's death. When the distributees do not

participate in the administration of the decedent's estate under a will

appointing an executor who refuses to bring such action, the

distributees are entitled to have an administrator appointed to

prosecute the action for their benefit.

2. Whenever it is shown that a criminal action has been commenced

against the same defendant with respect to the event or occurrence from

which a claim under this section arises, the personal representative of

the decedent shall have at least one year from the termination of the

criminal action as defined in section 1.20 of the criminal procedure law

in which to maintain an action, notwithstanding that the time in which

to commence such action has already expired or has less than a year

remaining.