Laws of New York (Last Updated: November 21, 2014) |
EPT Estates, Powers and Trusts |
Article 11. FIDUCIARY: POWERS, DUTIES AND LIMITATIONS; ACTIONS BY OR AGAINST IN REPRESENTATIVE OR INDIVIDUAL CAPACITIES |
Part 4. PROCEDURAL ASPECTS OF ACTIONS BY OR AGAINST PERSONAL REPRESENTATIVES |
Section 11-4.5. Want of assets not to be pleaded by personal representative
Latest version.
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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.