MATTER OF HICKMAN


75 N.Y.2d 975 (1990)

In the Matter of Beverly E. Hickman, as Administratrix of The Estate of Christopher A. Cummings, Deceased, Appellant. Motor Vehicle Accident Indemnification Corporation, Respondent.

Court of Appeals of the State of New York.

Decided May 1, 1990.


Attorney(s) appearing for the Case

James F. Foley and Paul T. Rubery for appellant.

Elizabeth S. Riker for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the order of Supreme Court reinstated. We hold that petitioner was entitled to a toll of the limitations period to commence her wrongful death action against the Motor Vehicle Accident Indemnification Corporation (MVAIC) during the period the court was considering her application for leave to file a late notice of claim (Insurance Law §...

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