A party in my case died. What procedure covers this situation?
Answer
Civil Practice Law and Rules 1015 Substitution upon death governs this situation.
“Sections 1015-1020 of the Civil Practice Law and Rules describe various events that either permit or require substitution of the parties in a pending action. The death of a party, for example, is covered by Civil Practice Law and Rules 1015(a), which mandates that the decedent's personal representative be substituted by court order. ... The procedure for substitution, regardless of the reason, is governed by Civil Practice Law and Rules 1021. See also Civil Practice Law and Rules 1022.”
Vincent C. Alexander, Practice Commentaries, McKinney’s Cons Laws of NY CPLR 1015