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VASTOLA v. MAER

39 N.Y.2d 1019 (1976)

James Vastola, Individually and as Administrator of The Estate of James Vastola, III, Deceased, Respondent, v. Richard Maer et al., Appellants.

Court of Appeals of the State of New York.

Decided July 13, 1976.

Attorney(s) appearing for the Case

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.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.

Order affirmed, with costs to abide the event, on the opinion by Mr. Justice SAMUEL RABIN at the Appellate Division (48 A.D.2d 561). We note, however, that even if the claim for wrongful death had been interposed more than two years after the death of the plaintiff's 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...

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