Opinion
Argued June 8, 1976
Decided July 13, 1976
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN A. GARBARINO, J.
Bernard Meyerson for Shelia Francis and another, appellants.
Walter G. Evans and Alfred V. Norton, Jr., for Richard Maer and another, appellants.
Peter J. Napolitano for respondent.
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.