Which of the following is a condition that tolls the statute of limitations?

Study for the NYLE Civil Practice and Procedure Test. Prepare with multiple choice questions and detailed explanations. Ace your exam with confidence!

Infancy or insanity serves as a condition that tolls the statute of limitations because these circumstances prevent individuals from being able to understand or engage in legal proceedings effectively. In the context of the law, when a person is considered an infant (a minor) or legally insane, they lack the capacity to make legally binding decisions and therefore cannot be held to the same standards as an adult who is mentally competent. As a result, the law allows for the statute of limitations to be paused or tolled until the individual is in a position to pursue their legal rights, such as reaching the age of majority or being deemed mentally competent.

In contrast, being out of state for less than four months does not typically toll the statute of limitations, as individuals are generally expected to pursue their claims regardless of their physical location, provided they are reasonably able to do so. Retirement status does not affect the ability to bring a legal action, nor does having a legal representative inherently toll the statute of limitations unless specific circumstances apply, such as the representative being inadequate or unavailable. Thus, infancy and insanity uniquely inhibit the ability to act on one's legal rights, justifying the tolling of the statute of limitations in these cases.

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