§ 15 — Substitution of assignee or legal representative of claimant

New York § 15

• Jurisdiction: New York
• Law CTC: Court of Claims
• Art. 3: Practice Provisions

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§ 15. Substitution of assignee or legal representative of claimant.\nIn the event of the death of the claimant or of one of the claimants\nnamed in a claim of any nature against the state, heretofore or\nhereafter filed in the court of claims, and also in the event that by\nassignment or by operation of law, some person other than the claimant\nnamed in the claim has succeeded to the interest of one of the claimants\nnamed in such a claim, it shall be the duty of the personal\nrepresentative of said claimant or of the person who succeeded claimant\nin interest to said claim or any interest therein within six months\nafter he becomes invested with the title to said claim or any interest\ntherein, to secure from the court of claims and serve upon the\nattorney-general an order substituting him as party to said claim\ninstead of the party named in said claim, to whose right, title and\ninterest he has succeeded, and in the event that he fails so to do, the\ncourt of claims on motion of the attorney-general, on such notice as the\ncourt may require, to all parties who have appeared in said action or\nproceeding or to the assignee or successor of the claimant may dismiss\nsaid claim.\n