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BARNES v. COUNTY OF ONONDAGA

65 N.Y.2d 664 (1985)

Cheryl Barnes, Individually and as the Mother and Natural Guardian of Shawn Barnes, an Infant, and as Administratrix of The Estate of Heather Barnes, Deceased, Respondent, v. County of Onondaga et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided May 30, 1985.

Attorney(s) appearing for the Case

Samuel M. Vulcano and Victor Hershdorfer for appellants.

James G. DiStefano for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur; Judge TITONE taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

McCarthy v Volkswagen of Am. (55 N.Y.2d 543, 548-549) held that the insanity toll of CPLR 208 was "meant to extend * * * to only those individuals who are unable to protect their legal rights because of an over-all inability to function in society", not "a mere post traumatic neurosis." In the...

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