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Robert S. Kelner and Gail S. Kelner

On extremely rare occasions, counsel may be consulted on behalf of a horribly damaged cognitively impaired person who seeks to commence an action after the normal statute of limitations has run. Before rejecting the case outright, counsel should investigate whether there may be a permissible tolling of the statute of limitations for “insanity,” within the scope of CPLR §208, which will allow the action to be timely commenced. In this article we will discuss basic concepts with respect to this toll, how the term “insanity” has been defined by the courts, and when the toll may be applicable.” Insanity” as defined by the courts may or may not have the meaning that we ordinarily attribute to the word.

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