Gibson v. Meehan

In this appeal by permission upon a certified question, we deal with the time limitations for the commencement of an action for wrongful death, as provided in section 21 of the Civil Practice Act and section 118 of the Decedent Estate Law, insofar as applicable to the unusual facts of this case.

It is undisputed that the plaintiff’s intestate, Louise Gibson, sustained fatal injuries in an automobile accident that occurred March 6, 1955, allegedly due to the negligence of defendant’s intestate, Augustine De Lano, who at the same time suffered fatal injuries and died on the day of the accident.…