N.Y. C.P.L.R. 1015

§ 1015. Substitution upon death. (a) Generally. If a party dies and\nthe claim for or against him is not thereby extinguished the court shall\norder substitution of the proper parties.\n (b) Devolution of rights or liabilities on other parties. Upon the\ndeath of one or more of the plaintiffs or defendants in an action in\nwhich the right sought to be enforced survives only to the surviving\nplaintiffs or against the surviving defendants, the action does not\nabate. The death shall be noted on the record and the action shall\nproceed.\n