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This entry was published on 2014-09-22
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SECTION 210
Death of claimant or person liable; cause of action accruing after death and before grant of letters
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 2
§ 210. Death of claimant or person liable; cause of action accruing
after death and before grant of letters. (a) Death of claimant. Where a
person entitled to commence an action dies before the expiration of the
time within which the action must be commenced and the cause of action
survives, an action may be commenced by his representative within one
year after his death.

(b) Death of person liable. The period of eighteen months after the
death, within or without the state, of a person against whom a cause of
action exists is not a part of the time within which the action must be
commenced against his executor or administrator.

(c) Cause of action accruing after death and before grant of letters.
In an action by an executor or administrator to recover personal
property wrongfully taken after the death and before the issuance of
letters, or to recover damages for taking, detaining or injuring
personal property within that period, the time within which the action
must be commenced shall be computed from the time the letters are issued
or from three years after the death, whichever event first occurs. Any
distributee, next of kin, legatee or creditor who was under a disability
prescribed in section 208 at the time the cause of action accrued, may,
within two years after the disability ceases, commence an action to
recover such damages or the value of such property as he would have
received upon a final distribution of the estate if an action had been
timely commenced by the executor or administrator.