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MACHADO v. GULF OIL, L.P.

Index No. 303758/15. Appeal No. 12938. Case No. 2019-04948.

195 A.D.3d 26 (2021)

2021 NY Slip Op 01849

MARILYN MACHADO, as Administratrix of the Estate of OSCAR ARZENO, et al., Respondents, v. GULF OIL, L.P., et al., Defendants, and GENERAL MOTOR OF NY, INC., et al., Appellants.

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

Decided March 25, 2021.

Attorney(s) appearing for the Case

Farber Brocks & Zane L.L.P., Garden City ( Lester Lee Chanin of counsel), for General Motor of NY, Inc., and others, appellants.

McManus Ateshoglou Aiello & Apostolakos PLLC, New York City ( Steven D. Ateshoglou and Athanasia Apostolakos of counsel), for Jasjeet Walia also known as Jesse Singh, appellant.

Goidel & Siegel, LLP, New York City ( Stacy R. Klozow of counsel), for respondents.

RENWICK, J.P., MANZANET-DANIELS, KERN and KENNEDY, JJ., concur.

OPINION OF THE COURT

The questions before us on this appeal are whether the infancy toll of CPLR 208 applies to the two-year statute of limitations for a wrongful death claim when an unmarried individual dies without a will and leaves behind minor children as the sole distributees, and, if so, at what point the toll is terminated...

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