Citation Codes Equivalent Citations citation codes Attorney(S) Bernard Meyerson for Shelia Francis another, Walter G. Evans Alfred V. Norton, Jr., for Richard Maer another, Peter J. Napolitano for See more information ... Smart Summary Please sign up to generate summary. JAMES VASTOLA, Individually and as Administrator of the Estate of JAMES VASTOLA, III, Deceased, Respondent, v. RICHARD MAER et al., Appellants Order affirmed, with costs to abide the event, on the opinion by Mr. Justice SAMUEL RABIN at the Appellate Division ( 48 A.D.2d 561). We note, however, that even if the claim for wrongful death had been interposed more than two years after the death of the plaintiff's 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 N.Y.2d 245). Question certified answered in the affirmative. Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.