If a plaintiff dies before expiration of the limitation period, what time does the plaintiff's representative have to sue?

• A. 6 months
• B. 1 year
• C. 2 years
• D. 18 months

Answer: (B)

When a plaintiff dies before the statute of limitations runs out, the claim survives for the decedent’s estate and can be pursued by the plaintiff’s representative. New York law grants a one-year window after the death for the estate to sue on those surviving claims, so the representative must commence the action within one year of the death date (assuming the claim would have been timely on the death date). If death occurs after the limitations period has already expired, the action cannot be brought. This one-year clock gives the estate a fair opportunity to pursue the claim despite the plaintiff’s death.