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JACKSON v. COLER-GOLDWATER SPECIALTY HOSPITALS AND NURSING FACILITY

26 A.D.3d 198 (2006)

808 N.Y.S.2d 896

VIOLA JACKSON, By and Through Her Proposed Guardian Ad Litem, MICHELLE JACKSON, Appellant, v. COLER-GOLDWATER SPECIALTY HOSPITALS AND NURSING FACILITY et al., Respondents.

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

February 9, 2006.

As defendants concede, the parties' conflicting expert opinions raise a triable issue of fact as to the applicability of the CPLR 208 insanity toll, notwithstanding plaintiff's retention of counsel shortly after sustaining the claimed injury (see Henry v. City of New York, 94 N.Y.2d 275 [1999]; Jusino v. New York City Hous. Auth., 255 A.D.2d 41, 48 [1999]). Only in the event the toll is...

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