New York Court of Appeals, 1976

Vastola v. Maer

Vastola v. Maer
New York Court of Appeals · Decided July 13, 1976
39 N.Y.2d 1019; 355 N.E.2d 300; 387 N.Y.S.2d 246; 1976 N.Y. LEXIS 2953
Vastola v. Maer

Cases that cite this one

34 later published cases cite this decision. The 25 that cite it most often are listed here.

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Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.