CPLR 1015 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1014 Proposed intervention pleading up ARTICLE 10 Parties Generally next SECTION 1016 Substitution of committee or conservator Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 1015 Substitution upon death Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 10 § 1015. Substitution upon death. (a) Generally. If a party dies and the claim for or against him is not thereby extinguished the court shall order substitution of the proper parties. (b) Devolution of rights or liabilities on other parties. Upon the death of one or more of the plaintiffs or defendants in an action in which the right sought to be enforced survives only to the surviving plaintiffs or against the surviving defendants, the action does not abate. The death shall be noted on the record and the action shall proceed.