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This entry was published on 2014-09-22
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Action by personal representative for wrongful act, neglect or
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 5, PART 4
§ 5-4.1 Action by personal representative for wrongful act, neglect or

default causing death of decedent

1. The personal representative, duly appointed in this state or any
other jurisdiction, of a decedent who is survived by distributees may
maintain an action to recover damages for a wrongful act, neglect or
default which caused the decedent's death against a person who would
have been liable to the decedent by reason of such wrongful conduct if
death had not ensued. Such an action must be commenced within two years
after the decedent's death; provided, however, that an action on behalf
of a decedent whose death was caused by the terrorist attacks on
September eleventh, two thousand one, other than a decedent identified
by the attorney general of the United States as a participant or
conspirator in such attacks, must be commenced within two years and six
months after the decedent's death. When the distributees do not
participate in the administration of the decedent's estate under a will
appointing an executor who refuses to bring such action, the
distributees are entitled to have an administrator appointed to
prosecute the action for their benefit.

2. Whenever it is shown that a criminal action has been commenced
against the same defendant with respect to the event or occurrence from
which a claim under this section arises, the personal representative of
the decedent shall have at least one year from the termination of the
criminal action as defined in section 1.20 of the criminal procedure law
in which to maintain an action, notwithstanding that the time in which
to commence such action has already expired or has less than a year