N.Y. Civil Practice Law & Rules Section 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.

Source: Section 210 — Death of claimant or person liable; cause of action accruing after death and before grant of letters, https://www.­nysenate.­gov/legislation/laws/CVP/210 (updated Sep. 22, 2014; accessed Oct. 25, 2025).

201
Application of article 202
Cause of action accruing without the state 203
Method of computing periods of limitation generally 204
Stay of commencement of action 205
Termination of action 205–A
Termination of certain actions related to real property 206
Computing periods of limitation in particular actions 207
Defendant’s absence from state or residence under false name 208
Infancy, insanity 209
War 210
Death of claimant or person liable 211
Actions to be commenced within twenty years 212
Actions to be commenced within ten or fifteen years 213
Actions to be commenced within six years: where not otherwise provided for 213–A
Residential rent overcharge 213–B
Action by a victim of a criminal offense 213–C
Action by victim of conduct constituting certain sexual offenses 213–D
Actions to be commenced within three years 214
Actions to be commenced within three years: for non-payment of money collected on execution 214–A
Action for medical, dental or podiatric malpractice to be commenced within two years and six months 214–B
Action to recover damages for personal injury caused by contact with or exposure to phenoxy herbicides 214–C
Certain actions to be commenced within three years of discovery 214–D
Limitations on certain actions against licensed engineers and architects 214–E
Action to recover damages for personal injury caused by the infusion of such blood products which result in the contraction of the human ... 214–F
Action to recover damages for personal injury caused by contact with or exposure to any substance or combination of substances found with... 214–G
Certain child sexual abuse cases 214–H
Certain actions by public water suppliers to recover damages for injury to property 214–I
Certain actions arising out of consumer credit transactions to be commenced within three years 214–I*2
Action to recover damages for personal injury caused by contact with or exposure to toxic burn pits 214–J
Certain sexual offense actions 215
Actions to be commenced within one year: against sheriff, coroner or constable 216
Abbreviation of period to one year after notice 217
Proceeding against body or officer 217–A
Actions to be commenced within one year and ninety days 218
Transitional provisions
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Verified:
Oct. 25, 2025

Last modified:
Sep. 22, 2014

§ 210. Death of claimant or person liable's source at nysenate​.gov

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