N.Y. Est. Powers & Trusts Law § 11-4.5

§ 11-4.5 Want of assets not to be pleaded by personal representative\n In an action or proceeding against a personal representative, in his\nrepresentative capacity, in which the complaint demands judgment for a\nsum of money, the non-existence or insufficiency of assets may not be\npleaded and the plaintiff's right of recovery is not affected thereby.\n