N.Y. EPT Law § 5-4.1

§ 5-4.1 Action by personal representative for wrongful act, neglect or\n default causing death of decedent\n 1. The personal representative, duly appointed in this state or any\nother jurisdiction, of a decedent who is survived by distributees may\nmaintain an action to recover damages for a wrongful act, neglect or\ndefault which caused the decedent's death against a person who would\nhave been liable to the decedent by reason of such wrongful conduct if\ndeath had not ensued. Such an action must be commenced within two years\nafter the decedent's death; provided, however, that an action on behalf\nof a decedent whose death was caused by the terrorist attacks on\nSeptember eleventh, two thousand one, other than a decedent identified\nby the attorney general of the United States as a participant or\nconspirator in such attacks, must be commenced within two years and six\nmonths after the decedent's death. When the distributees do not\nparticipate in the administration of the decedent's estate under a will\nappointing an executor who refuses to bring such action, the\ndistributees are entitled to have an administrator appointed to\nprosecute the action for their benefit.\n 2. Whenever it is shown that a criminal action has been commenced\nagainst the same defendant with respect to the event or occurrence from\nwhich a claim under this section arises, the personal representative of\nthe decedent shall have at least one year from the termination of the\ncriminal action as defined in section 1.20 of the criminal procedure law\nin which to maintain an action, notwithstanding that the time in which\nto commence such action has already expired or has less than a year\nremaining.\n