N.Y. Surr. Ct. Proc. Act § 1810

§ 1810. Claimant's right to action at law or in equity\n Nothing in this article shall prevent a claimant from commencing an\naction on his claim at law or in equity, provided that where a claim has\nbeen presented and rejected or deemed rejected pursuant to 1806 in whole\nor in part the action must be commenced within 60 days after such\nrejection. Failure to bring such action within 60 days shall not,\nhowever, be deemed a waiver of claimant's right to a jury trial.\n