Barrett v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J.
On this appeal, we are called upon to determine whether the personal representative of a deceased infant may assert the two-year tolling provision for infancy set forth in Court of *63Claims Act § 10 (5) in filing a claim on behalf of the infant’s estate to recover damages for the conscious pain and suffering experienced by the infant prior to death. We answer the question in the affirmative.
The relevant facts are not in dispute. The deceased infant, Kellian Barrett, was born on August 3, 1982, at the State University Hospital of Downstate Medical Center…
2Cases cited21 opinions
- Sega v. State of New YorkNew York Court of Appeals · 1983
- People v. GrahamNew York Court of Appeals · 1982
- Claim of Petterson v. Daystrom Corp.New York Court of Appeals · 1966
- Ratka v. St. Francis HospitalNew York Court of Appeals · 1978
- Uniformed Firefighters Ass'n v. BeekmanNew York Court of Appeals · 1981
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3Cited by9 opinions
- Berger v. StateAppellate Division of the Supreme Court of the State of New York · 1991
- Pelnick v. StateAppellate Division of the Supreme Court of the State of New York · 1991
- Fowles v. StateNew York Court of Claims · 1991
- Cassandro v. Metropolitan Suburban Bus AuthorityNew York Supreme Court · 1998
- Barrett v. StateNew York Court of Appeals · 1991
4 more not listed; retrieve them via the Exa API.