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MARCHAND v. CAPONE

223 A.D.2d 686 (1996)

637 N.Y.S.2d 455

Emile Marchand et al., Appellants, v. Anthony J. Capone et al., Respondents, et al., Defendants

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

January 29, 1996

Ordered that the order is reversed, on the law, with costs, and the plaintiffs' motion is granted.

Where a medical malpractice action accrues during an injured plaintiff's infancy, CPLR 208 permits the applicable Statute of Limitations to be tolled for a maximum of up to 10 years from the accrual of the claim (see, CPLR 208; Matter of Daniel J. v New York City Health & Hosps. Corp., 77...

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