Legal Opinion
Baez v. New York City Health & Hospitals Corp.
New York Court of Appeals
Decided December 22, 1992PublishedCited by 50 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
The primary issue presented on this appeal is whether CPLR 208 applies to toll the Statute of Limitations for commencing an action for wrongful death and conscious pain and suffering on behalf of infant beneficiaries where the decedent’s will named plaintiff executrix of her estate and stated that plaintiff should be appointed guardian for her infant children. We hold that CPLR 208 does not apply to toll the Statute of Limitations under those circumstances because plaintiff, as executrix, could have timely sought appointment as the personal representative of the…
2Cases cited3 opinions
- Ratka v. St. Francis HospitalNew York Court of Appeals · 1978
- Hernandez v. New York City Health and Hospitals Corp.New York Court of Appeals · 1991
- Baez v. New York City HealthAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by50 opinions
- Henry v. City of New YorkNew York Court of Appeals · 1999
- Colby v. Columbia CountyWisconsin Supreme Court · 1996
- Campbell v. City of New YorkNew York Court of Appeals · 2005
- Heslin v. County of GreeneNew York Court of Appeals · 2010
- McDonald v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1993
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