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NGUYEN v. 230 PARK INVESTORS, LLC

19 A.D.3d 295 (2005)

797 N.Y.S.2d 488

TUYET NGOC NGUYEN, Individually and as Proposed Administratrix of the Estate of DUNG VAN NGUYEN, Deceased, and as Mother and Natural Guardian of DANNY DUY NGUYEN, an Infant, Appellant, v. 230 PARK INVESTORS, LLC, et al., Respondents. MAX CAPITAL MANAGEMENT CORP., Third-Party Plaintiff, v. GLOBAL SERVICE GROUP, LLP, Third-Party Defendant-Respondent. (And Other Actions.)

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

June 23, 2005.

This matter presents the issue addressed in Hernandez v New York City Health & Hosps. Corp. (78 N.Y.2d 687 [1991]) — whether the wrongful death statute of limitations should be tolled until an infant/sole distributee's legal disability to prosecute the action is remedied, as it would be if a representative of the infant distributee were duly qualified as administrator...

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