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This entry was published on 2014-09-22
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Substitution upon death
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 10
§ 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