New York's Civil Practice Law and Rules (CPLR) § 208 affords minors and the mentally challenged more time than would normally be given to other litigants to commence a lawsuit. That provision states that "[i]f a person entitled to commence an action is under a disability because of infancy or insanity at the time the cause of action accrues," that individual (or representative) may file suit up to three years after the disability ceases, or the person dies, whichever first occurs.
In Giannicos v. Bellevue Hospital Medical Center , Peter Giannicos's guardian brought a medical malpractice case against the City of New York, but his efforts were nearly flummoxed from the start. In order for a suit to be maintained, leave of court to file a late notice of claim was required.
The New York County Supreme Court found that Giannicos was entitled to the additional time pursuant to the law's "insanity toll."
On appeal, the Appellate Division, First Department, agreed and found that Giannicos had been "'unable to protect [his] legal rights because of an over-all inability to function in society' as a result of suffering a stroke," and was thus entitled to the protections of CPLR § 208. (The fact that a legal guardian had been appointed to act on Giannicos's behalf, did not impact that statutory relief.)
So, is this for whom the bells toll?
For a copy of the Appellate Division's decision, please use this link: Giannicos v. Bellevue Hospital Medical Center