Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 5045
Effect of death of judgment creditor
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 50-B
§ 5045. Effect of death of judgment creditor. (a) Unless otherwise
agreed between the parties at the time security is posted pursuant to
section five thousand forty-three of this article, in all cases covered
by this article in which future damages are payable in periodic
installments, the liability for payment of any installments for medical,
dental or other costs of health care or non-economic loss not yet due at
the death of the judgment creditor terminates upon the death of the
judgment creditor.

(b) The portion of any periodic payment allocable to loss of future
earnings shall not be reduced or terminated by reason of the death of
the judgment creditor, but shall be paid to persons to whom the judgment
creditor owed a duty of support immediately prior to his death to the
extent that such duty of support exists under applicable law at the time
of the death of the judgment creditor. Such payments to such persons
shall continue for the remainder of the period as originally found by
the jury or until such duty of support ceases to exist, whichever occurs
first. In such cases, the court which rendered the original judgment
may, upon petition of any party in interest, modify the judgment to
award and apportion the future payments of such unpaid future damages in
accordance with this subdivision which apportioned amounts shall be
payable in the future as provided for in this article. In the event that
the judgment creditor does not owe a duty of support to any person at
the time of the death of the judgment creditor or such duty ceases to
exist, the remaining payments shall be considered part of the estate of
the judgment creditor. In such cases, the court which rendered the
original judgment may, upon petition of any party in interest, convert
those portions of such periodic payments allocable to the loss of future
earnings to a lump sum by calculating the present value of such payments
in order to assist in the settlement of the estate of the judgment
creditor.