Claim That Snow and Ice Caused Injury Filed Too Late

April 30, 2007

LVT Number: #19575

Pedestrian sued landlord NYCHA for negligence 14 months after she claimed she fell and broke her leg in front of landlord's building. She claimed landlord didn't properly remove snow and ice. Landlord claimed pedestrian waited too long to sue. The court ruled for landlord and dismissed the case. Pedestrian appealed, claiming landlord had records of maintanence and snow and ice removal that would allow it to prepare a defense to the case. The appeals court ruled against pedestrian.

Pedestrian sued landlord NYCHA for negligence 14 months after she claimed she fell and broke her leg in front of landlord's building. She claimed landlord didn't properly remove snow and ice. Landlord claimed pedestrian waited too long to sue. The court ruled for landlord and dismissed the case. Pedestrian appealed, claiming landlord had records of maintanence and snow and ice removal that would allow it to prepare a defense to the case. The appeals court ruled against pedestrian. The late filing of the claim didn't give landlord timely notice and wouldn't give landlord a fair chance to defend against the claim.

Polanco v. NYCHA: NYLJ, 4/16/07, p. 29, col. 3 (App. Div. 1 Dept.; Saxe, JP, Sullivan, Nardelli, Gonzalez, Kavanagh, JJ)

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