RATKA v. ST. FRANCIS HOSP.


54 A.D.2d 587 (1976)

John F. Ratka, as Administrator of The Estate of Edward H. Ratka, Deceased, Respondent, v. St. Francis Hospital et al., Defendants, and Albert I. White et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 27, 1976


Order reversed, on the law, motion denied, and cross motion granted, with $50 costs and disbursements.

The two-year Statute of Limitations for a wrongful death action (EPTL 5-4.1) was not tolled pursuant to CPLR 208 because of the infancy of a surviving child of the decedent, which child was appointed administrator when he reached majority, where there existed, at the time of the decedent's death, next of kin who were under no disability to receive letters of administration...

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