(a) Generally. If a party dies and the claim for or against him is not thereby extinguished the court shall order substitution of the proper parties.\n(b) Devolution of rights or liabilities on other parties. Upon the death of one or more of the plaintiffs or defendants in an action in which the right sought to be enforced survives only to the surviving plaintiffs or against the surviving defendants, the action does not abate. The death shall be noted on the record and the action shall proceed.
New York Legal Code