Carmen Baez, as of Rosa J. Caraballo, and as Testamentary Guardian of Lisa R. Caraballo and Another, Infants v. New…

Summary

The New York Court of Appeals affirmed the Appellate Division's dismissal of the wrongful death and conscious pain and suffering actions as untimely. The Court held that CPLR 208 does not toll the statute of limitations where the decedent's will named an executrix who could have sought appointment as personal representative, and that statutory waiting periods under CPLR 204(a) do not extend the limitations period.