New York Multistate Bar (MBE) Practice Exam

In professional malpractice actions, what is the insane toll cap?

5 years 7 years 0 years 10 years

Correct Answer:

10 years

Explanation:

In this area, the clock on a professional malpractice claim can be paused when the plaintiff is insane, so they aren’t penalized for their incapacity. But there’s a maximum amount of time that tolling can extend the filing deadline. Here, the rule sets the insane toll cap at ten years, meaning the tolling period due to insanity cannot exceed ten years in total. So even if someone remains insane longer, the period during which the statute is paused stops at ten years. The effect is to prevent indefinite delays while still protecting a claimant who was incapacitated. That’s why this option is the best answer: it reflects the fixed ten-year limit on tolling due to insanity in professional malpractice actions.

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