Tenant Can File Late Claim Against Landlord for Injury

Tenant sued landlord for negligence after her hand was injured in her apartment. NYCHA asked the court to dismiss the case without trial. Landlord claimed that tenant filed her notice of claim too late. The court ruled against landlord. Landlord was notified within 90 days or a reasonable time thereafter of tenant's claim. An internal spring broke in an apartment window, and the window fell on tenant's hand. At first, tenant didn't realize how serious her injuries were. Any delay in filing a notice of claim was minor.

Johnson v. NYCHA: NYLJ, 3/22/07, p. 24, col. 4 (App. Div. 1 Dept.; Tom, JP, Saxe, Marlow, McGuire, Malone, JJ)