In an action or proceeding against a personal representative, in his
representative capacity, in which the complaint demands judgment for a
sum of money, the non-existence or insufficiency of assets may not be
pleaded and the plaintiff's right of recovery is not affected thereby.
Structure New York Laws
EPT - Estates, Powers and Trusts
Part 4 - Procedural Aspects of Actions by or Against Personal Representatives
11-4.1 - How to Sue or Be Sued
11-4.2 - When Personal and Representative Causes of Action May Be Joined
11-4.3 - Separate Dockets and Executions
11-4.5 - Want of Assets Not to Be Pleaded by Personal Representative