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Criteria for “Insanity Toll” of Statute of Limitations Pursuant to CPLR 208 Not Met

The Second Department determined the “insanity toll” of a statute of limitations (CPLR 208) did not apply to plaintiff’s decedent, and the lawsuit was therefore time-barred.  Plaintiff alleged plaintiff’s decedent was unable to protect his legal rights when he was hospitalized:

CPLR 208 provides, in pertinent part, that where the plaintiff is suffering from the disability of insanity at the time the cause of action accrues, the statute of limitations is extended “by the period of disability.” The toll for insanity applies “to only those individuals who are unable to protect their legal rights because of an over-all inability to function in society,” and should be narrowly interpreted … . “The provision of CPLR 208 tolling the Statute of Limitations period for insanity, a concept equated with unsoundness of mind, should not be read to include the temporary effects of medications administered in the treatment of physical injuries” … . Further, the fact that the plaintiff’s decedent was able to retain an attorney, and arrange for the service of notices of claim during his hospital stay, indicated that he was not mentally incapacitated during that period… . Thompson v Metropolitan Transp Auth, 2013 NY Slip Op 08614, 2nd Dept 12-26-13

 

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