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Vastola v. Maer

39 N.Y.2d 1019 Court N.Y. Decision date 1976-07-13 English

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p. 1019
James Vastola, Individually and as Administrator of the Estate of James Vastola, III, Deceased, Respondent, v Richard Maer et al., Appellants.
Argued June 8, 1976;
decided July 13, 1976
p. 1021
Bernard Meyerson for Shelia Francis and another, appellants.
Walter G. Evans and Alfred V. Norton, Jr., for Richard Maer and another, appellants.
Peter J. Napolitano for respondent.

Order affirmed, with costs to abide the event, on the opinion by Mr. Justice Samuel Rabin at the Appellate Division ( 48 AD2d 561 ). We note, however, that even if the claim for wrongful death had been interposed more than two years after the death of the plaintiffs son, the claim would still have been timely since it would relate back, for limitations purposes, to the date of commencement of the personal injury action (Caffaro v Trayna, 35 NY2d 245 ). Question certified answered in the affirmative.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.

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