Estate of Tenant Killed in Building Fire Sues NYCHA for Wrongful Death

October 25, 2022

LVT Number: #32284

The estate administrator of a couple sued landlord NYCHA for personal injury and wrongful death after the couple died due to injuries suffered in an apartment building fire. NYCHA asked the court to dismiss the claims as untimely. The court ruled for NYCHA in part. The case for one tenant had to be dismissed because the notice of claim was filed more than 90 days after his death, in violation of General Municipal Law Section 50-e. But the claim for the second tenant could go forward because she died two weeks later and the notice of claim for her was filed within 90 days. 

The estate administrator of a couple sued landlord NYCHA for personal injury and wrongful death after the couple died due to injuries suffered in an apartment building fire. NYCHA asked the court to dismiss the claims as untimely. The court ruled for NYCHA in part. The case for one tenant had to be dismissed because the notice of claim was filed more than 90 days after his death, in violation of General Municipal Law Section 50-e. But the claim for the second tenant could go forward because she died two weeks later and the notice of claim for her was filed within 90 days. 

Hodges v. NYCHA: Index No. 153379/20, 2022 NY Slip Op 32647, NYLJ No. 1662097793 (Sup. Ct. NY; 8/5/22; Cohen, J)

Topics

More like this