ROSENFELD v. SCHLECKER


5 A.D.3d 461 (2004)

772 N.Y.S.2d 596

SANDRA ROSENFELD, Respondent, v. AUSTIN SCHLECKER et al., Appellants.

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

March 8, 2004.


Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, for an evidentiary hearing and a new determination on the motion.

CPLR 208 provides for a toll of the statute of limitations where the person entitled to commence an action is under a disability for, among other conditions, insanity (see Costello v North Shore Univ...

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