AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

SUSAN CAIRL et al., Respondents, v. COUNTY OF WESTCHESTER et al., Appellants.

Ordered that the order is affirmed, without costs or disbursements.

In view of the uncontradicted testimony of the injured plaintiff's psychiatrist, that from the time her cause of action accrued until she filed her notice of claim she suffered from paranoid schizophrenia and borderline personality disorder with symptoms of hallucinations and impulsive suicidal behavior necessitating frequent and multiple hospitalizations, constant medication and psychotherapy, we agree with the court's conclusion that she was "insane" within the purview of CPLR 208 in that she had an "over-all inability to function in society" and she is therefore entitled to the tolling provisions of that statute (Barnes v County of Onondaga, 65 N.Y.2d 664; McCarthy v Volkswagen of Am., 55 N.Y.2d 543, 548). Bracken, J.P., Eiber, Spatt and Rosenblatt, JJ., concur.

Use AI to get other relevant cases.

Comments

CAIRL v. COUNTY OF WESTCHESTER
(May 30, 1989)