Full question:
In NY, if one of the original plaintiffs in a trespass claim dies can the claim be assigned (the property is in trust) or is the case over?
- Category: Wills and Estates
- Subcategory: Executors and Administrators
- Date:
- State: New York
Answer:
If a plaintiff dies in a New York trespass claim, the action can generally continue. A representative of the deceased's estate, such as an executor, can take over the claim. You may need to file a document called a 'Notice of Death and Substitution of Parties' to officially substitute the parties involved. In many cases, you won’t need the court's permission to do this.
According to New York law (N.Y. C.P.L.R. § 1015), if a party dies and the claim is not extinguished, the court will order the substitution of the proper parties. The case does not abate, meaning it continues despite the death. The death should be noted in the court record, and the action proceeds with the new plaintiff representing the estate.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.