Legal Opinion

Spivak v. Heyward

Appellate Division of the Supreme Court of the State of New York

Decided October 26, 1998PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

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 motion for summary judgment that Heyward had admitted to falling asleep, the Supreme Court denied the motion on the ground that it could not find, as a matter of law,…

2Cases cited15 opinions

  1. Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
  2. Bernosky v. GreffSupreme Court of Pennsylvania · 1944
  3. Baly v. Chrysler Credit Corp.Appellate Division of the Supreme Court of the State of New York · 1983
  4. Aiello v. GarahanAppellate Division of the Supreme Court of the State of New York · 1982
  5. Aiello v. GarahanNew York Court of Appeals · 1983

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3Cited by9 opinions

  1. Siruta Ex Rel. Heirs at Law of Siruta v. SirutaSupreme Court of Kansas · 2015
  2. Chiaia v. BosticAppellate Division of the Supreme Court of the State of New York · 2001
  3. McCauley v. SidorAppellate Division of the Supreme Court of the State of New York · 2000
  4. Detellis v. Avis Rent A Car System, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  5. Chan v. ChoiAppellate Division of the Supreme Court of the State of New York · 2018

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