McCARTHY v. VOLKSWAGEN OF AMER.


55 N.Y.2d 543 (1982)

Kevin McCarthy, Appellant, v. Volkswagen of America, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided May 11, 1982.


Attorney(s) appearing for the Case

James J. Hasson for appellant.

Herbert Rubin, Michael Hoenig, Edward L. Birnbaum and David B. Hamm for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur.


GABRIELLI, J.

The issue posed upon this appeal is whether an injured plaintiff may successfully assert the toll of the Statute of Limitations for the disability of insanity, created by CPLR 208, upon the claim that he had suffered from a post traumatic neurosis.

Plaintiff was seriously injured on July 26, 1974 when the 1965 Volkswagen he was operating struck a utility pole and burst into flames. As a...

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