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VITVITSKY v. HEIM

52 A.D.3d 1103 (2008)

860 N.Y.S.2d 305

JACK VITVITSKY, Appellant-Respondent, v. DAVID HEIM et al., Respondents-Appellants.

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

Decided June 19, 2008.

Spain, J.

In July 2000, defendant David Heim was the sole passenger in an airplane piloted by plaintiff when it crashed into a golf course in the Village of Lake Placid, Essex County. Heim and his spouse, derivatively, commenced a personal injury action against plaintiff and others to recover for the serious injuries that Heim sustained as a result of the crash. A stipulated settlement (hereinafter the settlement agreement) was reached by plaintiff and the Heims in...

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