Landlord Claims Tenant's Lead Paint Claim Filed Too Late

March 1, 2011

LVT Number: #23227

Tenant sued upstate landlord housing authority. She claimed that she was injured as a child by lead paint conditions in her apartment. The court granted landlord's request to dismiss the case as time-barred. Tenant appealed, and the case was reopened. It was unclear whether tenant had started her case within one year and 90 days of either (1) when she discovered her injury, or (2) when she should have been able to discovery her injury. So it was premature to dismiss the case.

Tenant sued upstate landlord housing authority. She claimed that she was injured as a child by lead paint conditions in her apartment. The court granted landlord's request to dismiss the case as time-barred. Tenant appealed, and the case was reopened. It was unclear whether tenant had started her case within one year and 90 days of either (1) when she discovered her injury, or (2) when she should have been able to discovery her injury. So it was premature to dismiss the case.

Larkin v. Rochester Housing Authority: NY Slip Op 00931, 2011 WL 458217 (App. Div. 4th Dept.; 2/10/11; Centra, JP, Lindley, Sconiers, Green, Gorski, JJ)

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