The father of a 14-year-old Roslyn teen who was killed in a drunk driving accident has a message for Gov. Kathy Hochul after her decision to repeatedly veto the Grieving Families Act, which would have allowed him to file a civil suit against the man who caused his son’s death.
Gary Falkowitz, the father of Ethan Falkowitz, a high school tennis star who was killed in May 2023 by a drunk driver, is a personal injury attorney and East Hills Village prosecutor who is now championing legislation that would allow families like his to reclaim damages from a wrongful death.
“How could you be the governor and not sit down to talk about this issue and not sit down and carve out some language where you could say we need to update our grieving families’ laws, our wrongful death claims?” Falkowitz said.
Amandeep Singh of Roslyn pleaded guilty to driving at speeds up to 95 miles per hour in a 40-mph zone on North Broadway in Jericho while under the influence of alcohol and cocaine on the night of the crash. He was recently sentenced to 8 1/3 to 25 years in prison.
Singh hit a vehicle carrying four Roslyn teenagers, instantly killing Falkowitz and 14-year-old Drew Hassenbein.
The other two boys in the car were taken to the hospital following the crash.
Under the current state law, families can recover damages primarily for economic losses, such as lost income and medical expenses, but not non-economic losses, such as emotional anguish, loss of companionship, and grief.
This means the two boys who survived the crash can sue Singh for damages related to the crash, while the Falkowitz and Hassenbein families cannot.
Falkowitz said he has reached out to Hochul’s office several times but has not been able to meet with the governor. He shares weekly videos on social media about his son and calls for legislative changes.
Hochul most recently vetoed the Grieving Families Act in December 2024, saying that despite its good intentions, the law would result in higher costs to patients and consumers and other consequences.
“I believe that grieving families should be able to look to the law and to the courts for justice, accountability and meaningful compensation for their loss,” the governor said in her veto statement. “At a time when New Yorkers are already facing higher costs of living, genuine concerns have been raised that the bill may lead to higher costs, including insurance premiums, and may also risk the financial well-being of our healthcare system, including those hospitals that serve disadvantaged communities.”
Falkowitz said Hochul’s response showed that she is more concerned about financials than people.
“This is her legacy. She will be remembered as profits over people,” he said. “That’s what she’ll be remembered as, and I will do everything in my power to share that legacy unless she sits down with me and talks.”
The state’s wrongful death statute was written in 1847, something that lawmakers have attempted to modernize multiple times.
The current wrongful death statute only provides surviving family members based on monetary losses – something that a 14-year-old would not be eligible for.
New York and Alabama are the only two states without some sort of legislation related to the Grieving Families Act. The first rendition of the bill was vetoed in January 2023, before Falkowitz’s son was killed. Hochul then vetoed the act again in December 2023 and December 2024.
“I’m not afraid to be the loud one,” Falkowitz said. “I’m not afraid to be the face, to keep pushing, because I know that sometimes, in order to get something done, you have to do it yourself, especially in a situation like this where 98% of the people involved in making decisions have no idea what I’m going through.”
Gary Falkowitz said he has always supported safety efforts. He said he even had a stop sign put up at the corner of his street when his family first moved into their neighborhood for safety reasons.
Falkowitz’s father called out Hochul for striking down the Grieving Families Act when speaking in the district attorney’s office after the sentencing.
“The state has failed my son,” he said.
The Grieving Families Act was introduced for a fourth time to the Senate on Feb. 4, although it still has to pass through the legislative process.
