Vitvitsky v. Heim
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
Cross appeals from an order of the Supreme Court (Dawson, J.), entered September 17, 2007 in Essex County, which, among other things, partially granted defendants’ motion to dismiss the complaint.
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…
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