In Santo B. v. Roman Catholic Archdiocese of N.Y., (51 AD3d 956, 861 NYS2d 674 [2008]), the plaintiff alleged that he was sexually abused as a child from 1990 to 1993, but did not commence an action until October 2005.

Applying the three-year statute of limitations and the infancy toll, the court held that the plaintiff "was required to commence the action no later than three years after his 18th birthday, or October 16, 2001." (Id. at 957).

The defendants, therefore, had met their initial burden on their motion to dismiss pursuant to CPLR 3211 (a) (5).

The court then held that "the plaintiff failed to establish that the statute of limitations was tolled for his alleged disability of insanity," because he was "precluded from commencing the action more than 10 years after the last instance of abuse in 1993." (Santo B. at 958)

The court also held, however, that "in any event, the plaintiff failed to aver sufficient evidentiary facts to support a finding of his insanity." (Id.)