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BAEZ v. HEALTH & HOSPS CORP

80 N.Y.2d 571 (1992)

Carmen Baez, as Executrix of Rosa J. Caraballo, Deceased, and as Testamentary Guardian of Lisa R. Caraballo and Another, Infants, Appellant, v. New York City Health and Hospitals Corporation et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided December 22, 1992.

Attorney(s) appearing for the Case

Stuart A. Mack, New York City, for appellant.

O. Peter Sherwood, Corporation Counsel of New York City, New York City (Stephen J. McGrath and Leonard Koerner of counsel), for respondents.

Acting Chief Judge SIMONS and Judges KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur.

SMITH, J.

The primary issue presented on this appeal is whether CPLR 208 applies to toll the Statute of Limitations for commencing an action for wrongful death and conscious pain and suffering on behalf of infant beneficiaries where the decedent's will named plaintiff executrix of her estate and stated that plaintiff should be appointed guardian for her infant children. We hold that CPLR 208 does not apply to...

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