Summary
upholding decision that a plaintiff was "insane" under § 208 where 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"
Summary of this case from Hwang v. Grace Rd. ChurchOpinion
May 30, 1989
Appeal from the Supreme Court, Westchester County (Coppola, J.).
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.