Perez v Levister Redevelopment Co., LLC

Holding The court reversed the lower court’s denial of dismissal, holding that a plaintiff who filed suit as a proposed administratrix before receiving letters of administration lacked capacity to bring wrongful death and survival claims. Because the plaintiff failed to seek substitution within a reasonable time and made no allegations supporting individual capacity claims, dismissal was proper.

The court’s words

A personal representative who has received letters of administration of a decedent's estate is the only party who is authorized to commence a survival action

2026 NY Slip Op 06473, at the official text

Thus, a 'proposed administrator' who has not obtained letters of administration lacks capacity to bring an action to recover damages

2026 NY Slip Op 06473, at the official text