N.Y. Surrogate's Court Procedure Act § 1810: Claimant's right to action at law or in equity Nothing in this article shall prevent a claimant from commencing an action on his claim at...

§ 1810. Claimant's right to action at law or in equity

Nothing in this article shall prevent a claimant from commencing an

action on his claim at law or in equity, provided that where a claim has

been presented and rejected or deemed rejected pursuant to 1806 in whole

or in part the action must be commenced within 60 days after such

rejection. Failure to bring such action within 60 days shall not,

however, be deemed a waiver of claimant's right to a jury trial.