September 28, 2022

Limitations period on a claim for wrongful death.

The plaintiffs' proposed cause of action to recover damages for wrongful death is barred by the two-year statute of limitations, pursuant to EPTL 5-4.1. The limitations period is not tolled during the pendency of the application for letters of administration.

Byner v. Murray-Taylor, NY Slip Op 05201 (2d Dep't September 21, 2022)

Here is the decision.