Substitution on Death of a Party in New York State Supreme Court | Practical Law
A Practice Note explaining the procedure to substitute a legal representative on the death of a party under Civil Practice Law and Rules (CPLR) 1015 and 1021. This Note explains when substitution is necessary, who can move to substitute, who can be substituted, the timing for substitution, and the procedure for substitution. This Note also addresses when a defendant can move to dismiss an action for failure to substitute.