N.Y. EPT Law § 11-3.3

§ 11-3.3 Limitations upon recovery where injury causes death\n (a) Where an injury causes the death of a person the damages\nrecoverable for such injury are limited to those accruing before death\nand shall not include damages for or by reason of death, except that the\nreasonable funeral expenses of the decedent, paid by the estate or for\nthe payment of which the estate is responsible, shall be recoverable in\nsuch action. The damages recovered become part of the estate of the\ndeceased.\n (b) Nothing contained herein shall affect the cause of action existing\nin favor of the next of kin under 5-4.1, subject to the following:\n (1) Such cause of action and the cause of action, under this section,\nin favor of the estate to recover damages may be prosecuted to judgment\nin a single action; a separate verdict, report or decision shall be\nrendered as to each cause of action.\n (2) Where an action to recover damages for personal injury has been\nbrought, and the injured person dies, as a result of the injury, before\nverdict, report or decision, his personal representative may enlarge the\ncomplaint in such action to include the cause of action for wrongful\ndeath under 5-4.1.\n (3) Where an action to recover damages under this section and a\nseparate action for wrongful death under 5-4.1 are pending against the\nsame defendant, they may be consolidated on the motion of either party.\n