New York Laws
Part 2 - Rules Governing Action to Enforce Liability
12-2.1 - Action Not Impaired by Failure of Creditor or Other Person to Present Claim to Representative as Prescribed by Law


present claim to representative as prescribed by law

The failure of the plaintiff to present his claim to the personal
representative as prescribed by law shall not impair his right to
maintain an action against distributees or testamentary beneficiaries
under this article; but nothing contained herein shall extend the time
limited for the commencement of an action to enforce plaintiff's claim.