Spivak v. Heyward
Appellate Division of the Supreme Court of the State of New York
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
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
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- Aiello v. GarahanNew York Court of Appeals · 1983
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