N.Y. Est. Powers & Trusts Law § 12-2.1

§ 12-2.1 Action not impaired by failure of creditor or other person to\n present claim to representative as prescribed by law\n The failure of the plaintiff to present his claim to the personal\nrepresentative as prescribed by law shall not impair his right to\nmaintain an action against distributees or testamentary beneficiaries\nunder this article; but nothing contained herein shall extend the time\nlimited for the commencement of an action to enforce plaintiff's claim.\n