SPIVAK v. HEYWARD


248 A.D.2d 58 (1998)

679 N.Y.S.2d 156

Peter Spivak et al., as Administrators of The Estate of Adam Spivak, Deceased, Appellants, v. Timothy M. Heyward et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 26, 1998


Attorney(s) appearing for the Case

Wallace & Witty, P. C., Bay Shore (Peter Graff of counsel), for appellants.

Frank V. Merlino, Lake Success (Sweetbaum & Sweetbaum [Marshall D. Sweetbaum] of counsel), for respondents.

ROSENBLATT, J. P., SULLIVAN, JOY and ALTMAN, JJ., concur.


LUCIANO, J.

The plaintiffs' son was killed in a car accident when the defendant Timothy M. Heyward, the driver of the car in which the decedent was a passenger, fell asleep at the wheel, causing the car to leave the roadway and fall down an embankment. In this action to recover damages, inter alia, for wrongful death, although the defendants did not dispute the evidence presented by the plaintiffs on their...

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