New York Laws
Article 10 - Parties Generally
1015 - Substitution Upon Death.

(b) Devolution of rights or liabilities on other parties. Upon the
death of one or more of the plaintiffs or defendants in an action in
which the right sought to be enforced survives only to the surviving
plaintiffs or against the surviving defendants, the action does not
abate. The death shall be noted on the record and the action shall
proceed.