CAN YOU SUE THE DEAD?

Yes and no - you cannot sue the decedent individually but you can sue the personal representative that has been appointed by the Surrogate Court. Matter of Bd. of Mngrs of Westbury Terr. Condo v. Ringen, NYLJ 12/11/18, Date filed: 2018-11-13, Court: Supreme Court, Nassau, Judge: Justice John Galasso:

"“[A] plaintiff is unable to commence an action during the period between the death of a potential defendant and the appointment of a representative of the estate” Laurenti v. Teatom, 210 A.D.2d 300, 301, 619 N.Y.S.2d 754 [2d Dept. 1994]. Furthermore, “no action may effectively be commenced against a dead person subsequent to his or her death and prior to the appointment of a personal representative” See, Arbalez v. Chun Kuei Wu, 18 AD3d 583, 795 N.Y.S.2d 327 [2d Dept 2005]; Laurenti v. Teatom, 210 A.D.2d 300, 619 N.Y.S.2d 754 [2d Dept 1994]. In as much as the Respondent has provided admissible proof that she has not been appointed representative of the decedent’s estate, and it is uncontested by the parties that Letters Testamentary have not been issued, Petitioner is unable to commence the instant Petition during the period between the death of the decedent John Ringen and the appointment of Respondent Nancy Ringen a representative of his estate."