Dunn v. Mager
This text of 47 A.D.2d 919 (Dunn v. Mager) 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.
Opinion
In a negligence action to recover damages for personal injuries, defendant Town of Southampton appeals from an order of the Supreme Court, Suffolk County, dated July 12, 1974, which denied its motion for summary judgment. Order reversed, with $20 costs and disbursements, and motion remanded to Special Term for a hearing to determine plaintiff’s period of disability for purposes of the tolling provision of CPLR 208 and for a new determination of the motion. Special Term improperly denied the motion without first holding a hearing to determine the period during which plaintiff was disabled because of "insanity” (see Matter of Hurd v County of Allegany, 39 AD2d 499). Latham, Acting P. J., Cohalan, Christ, Brennan and Munder, JJ., concur.
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Cite This Page — Counsel Stack
47 A.D.2d 919, 367 N.Y.S.2d 48, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunn-v-mager-nyappdiv-1975.