SCOTT v. K-MART STORE NO. 3366


144 A.D.2d 958 (1988)

Wesley S. Scott, Individually and as Parent and Natural Guardian of Alice M. Scott, a Mentally Incompetent Individual, et al., Respondents, v. K-Mart Store No. 3366 et al., Appellants

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

November 15, 1988


Order insofar as appealed from unanimously reversed on the law without costs, defendants' motion granted, and matter remitted to Supreme Court, Monroe County, for further proceedings, all in accordance with the following memorandum: Defendants appeal from that part of Special Term's order which denied their motion to dismiss plaintiffs' fourth and fifth causes of action "because of a tolling of the statute of limitation[s] as a result of the mental incompetence of the plaintiff...

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