Scott v. K-Mart Store No. 3366

Order insofar as appealed from unanimously reversed on the law without costs, defendants’ motion granted, and matter remitted to Supreme Court, Monroe County, for further proceedings, all in accordance with the following memorandum: Defendants appeal from that part of Special Term’s order which denied their motion to dismiss plaintiffs’ fourth and fifth causes of action "because of a tolling of the statute of limitation[s] as a result of the mental incompetence of the plaintiff Alice Marie Scott”. The condition of an individual’s mental capabilities is largely a factual question (McCarthy v…