266 A.D.2d 113 698 N.Y.S.2d 683

Herbert Z. Bookstein, as Executor of Shirley Bookstein, Deceased, Respondent, v Republic Insurance Company, Appellant.

[698 NYS2d 683]

—Order, Supreme Court, New York County (Barry Cozier, J.), entered November 6, 1998, which granted plaintiffs motion for reargument and, upon reargument, denied defendant’s previously granted motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

The motion court properly held that the tolling provision set forth in CPLR 208 applies in this case, and thus, the two-year suit limitation provision in the insurance policy was tolled until the insured’s death on August 29, 1995. The mere execution of a power of attorney by the disabled insured to her son approximately -five years before she entered a nursing home did not function to deprive her of the protection to which she was entitled as a disabled person pursuant to the tolling provision (see, Stackrow v New York Prop. Ins. Underwriter’s Assn., 115 AD2d 883). We have considered defendant’s remaining contentions and find them unavailing. Concur — Ellerin, P. J., Rosenberger, Tom, Andrias and Buckley, JJ.

Bookstein v. Republic Insurance
266 A.D.2d 113 698 N.Y.S.2d 683

Case Details

Name
Bookstein v. Republic Insurance
Decision Date
Nov 23, 1999
Citations

266 A.D.2d 113

698 N.Y.S.2d 683

Jurisdiction
New York

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