Q. A party in my case died. What procedure covers this situation?

Answer

CPLR 1015 Substitution upon death governs this situation.

“Sections 1015-1020 of the CPLR 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 CPLR 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 CPLR 1021. See also CPLR 1022.”

Vincent C. Alexander, Practice Commentaries, McKinney’s Cons Laws of NY CPLR 1015

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  • Last Updated Oct 22, 2021
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