Hernandez v. New York City Health and Hospitals Corp.

In order to avoid an "unnecessarily harsh result,” the majority today holds that in the "unusual situation” where an infant is the sole distributee of a decedent, the time within which the personal representative of the decedent’s estate must commence a wrongful death action under EPTL 5-4.1 is tolled by CPLR 208 until a guardian is appointed for the infant, or until the infant distributee reaches majority, whichever occurs first. Because this interpretation constitutes nothing less than sheer judicial legislation, I dissent.

It is well established that the courts "do not sit in review of the…