If a party is adjudicated incompetent or a conservator has been appointed, the court shall order substitution of his committee or conservator.
§ 1016.Substitution of committee or conservator
Article 10. Parties Generally · Last amended 1981 · Last verified July 21, 2026
In one sentenceCPLR 1016 requires the court to order substitution of a party's committee or conservator when that party is adjudicated incompetent or a conservator is appointed for them during the litigation.
Full Text of CPLR 1016
Plain-English Summary
CPLR 1016 handles a narrower version of the substitution problem: not death, but a loss of legal capacity during the course of a lawsuit. If a party is adjudicated incompetent, or a conservator is appointed to manage that party's affairs, the court orders substitution of the party's committee or conservator to carry the case forward.
The rule keeps the case moving without pausing to sort out whether the now-incapacitated party can still direct the litigation. Once a committee or conservator has the legal authority to act for that party, the substitution puts the case in the hands of someone who can make decisions the incapacitated party no longer can.
Like the other substitution provisions in this article, CPLR 1016 works together with CPLR 1021, which sets out the mechanics of how a substitution motion gets made and what happens if no one moves for substitution in time.
Frequently Asked Questions
What happens if a party is found incompetent during a New York lawsuit?
Under CPLR 1016, if a party is adjudicated incompetent, the court orders substitution of that party's committee to continue representing the party's interests in the case.
What is a conservator's role in a New York lawsuit under CPLR 1016?
If a conservator has been appointed for a party during litigation, CPLR 1016 requires the court to substitute the conservator for that party going forward.
Who moves for substitution under CPLR 1016?
CPLR 1021 governs the substitution procedure generally, allowing the successors or representatives of the party, or any other party in the case, to move for substitution.
Does a lawsuit stop if a party becomes incompetent in New York?
No. CPLR 1016 keeps the case moving by substituting the party's committee or conservator, so the litigation continues under new representation rather than stalling.
What is the difference between CPLR 1015 and CPLR 1016?
CPLR 1015 covers substitution after a party's death, while CPLR 1016 covers substitution after a party is adjudicated incompetent or gets a conservator appointed during the case.
Advisory Committee Notes
This provision is based upon Federal rule 25(b). See notes to § 1015.
Amendment History
Add, L 1962, ch 308; amd, L 1981, ch 115, § 19, eff May 18, 1981.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: CPLR 1016 New Yorksubstitution of committee New Yorkparty adjudicated incompetent lawsuit New Yorkconservator substitution CPLRparty becomes incapacitated during lawsuit New Yorkcommittee for incompetent person lawsuitNew York civil procedure incompetency substitution