CPLR 1015 · Article 10. Parties Generally
Substitution upon death
Verbatim from the official edition
Text — Law content up to date as of July 3, 2026, as published by the New York State Senate (Open Legislation)
§ 1015. Substitution upon death. (a) Generally. If a party dies and the claim for or against him is not thereby extinguished the court shall order substitution of the proper parties.
(b) Devolution of rights or liabilities on other parties. Upon the death of one or more of the plaintiffs or defendants in an action in which the right sought to be enforced survives only to the surviving plaintiffs or against the surviving defendants, the action does not abate. The death shall be noted on the record and the action shall proceed.
Source of truth
- Edition
- Law content up to date as of July 3, 2026, as published by the New York State Senate (Open Legislation)
- Official file
- https://legislation.nysenate.gov/pdf/laws/CVP1015
- Text hash
- sha256 2ad138f6727bedcb45789fa9bf1126a562738245cbeb322afb395bbf378871ed
- Composed by
- gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.