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GIANNICOS v. BELLEVUE HOSPITAL MEDICAL CENTER

37 A.D.3d 239 (2007)

829 N.Y.S.2d 497

PETER GIANNICOS et al., Respondents, v. BELLEVUE HOSPITAL MEDICAL CENTER et al., Appellants, et al., Defendants.

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

Decided February 13, 2007.

The record contains substantial support for the Special Referee's finding (see RC 27th Ave. Realty Corp. v New York City Hous. Auth., 305 A.D.2d 135 [2003]) that the incapacitated person is "unable to protect [his] legal rights because of an over-all inability to function in society" as a result of suffering a stroke, and was therefore entitled to the insanity toll of CPLR 208 (McCarthy v Volkswagen of Am.,

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