Cairl v. County of Westchester

Appellate Division of the Supreme Court of New York

Cairl v. County of Westchester

150 A.D.2d 749, 542 N.Y.S.2d 199, 1989 N.Y. App. Div. LEXIS 7300

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 30, 1989

StatusPublished

Cited by6 cases

This text of 150 A.D.2d 749 (Cairl v. County of Westchester) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cairl v. County of Westchester, 150 A.D.2d 749, 542 N.Y.S.2d 199, 1989 N.Y. App. Div. LEXIS 7300 (N.Y. Ct. App. 1989).

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Opinion

In an action, inter alia, to recover damages for psychological malpractice and intentional infliction of emotional distress, the defendants appeal from an order of the Supreme Court, Westchester County (Coppola, J.), dated December 14, 1987, which, after a hearing, granted the plaintiffs’ motion for leave to file a late notice of claim.

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 NY2d 664; McCarthy v Volkswagen of Am., 55 NY2d 543, 548). Bracken, J. P., Eiber, Spatt and Rosenblatt, JJ., concur.

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In an action, inter alia, to recover damages for psychological malpractice and intentional infliction of emotional distress, the defendants appeal from an order of the Supreme Court, Westchester County (Coppola, J.), dated December 14, 1987, which, after a hearing, granted the plaintiffs’ motion for leave to file a late notice of claim.

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 NY2d 664; McCarthy v Volkswagen of Am., 55 NY2d 543, 548). Bracken, J. P., Eiber, Spatt and Rosenblatt, JJ., concur.

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Bluebook (online)

150 A.D.2d 749, 542 N.Y.S.2d 199, 1989 N.Y. App. Div. LEXIS 7300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cairl-v-county-of-westchester-nyappdiv-1989.

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