Tenant Can't Sue Landlord 16 Years After Injury

In 1988, when tenant was an infant, he was injured by severe hot water burns when his foster mother left him unattended in a bathtub. Sixteen years later, tenant sued landlord for negligence. Landlord asked the court to dismiss the case outright, claiming that tenant's claim was too late. The court ruled against landlord. Landlord appealed and won. The day after tenant was injured, the city's Human Resource Administration (HRA) investigated the building's maintenance. Shortly thereafter, tenant was removed from his foster mother's care and placed with another family. There was no attempt to file a claim against landlord until after tenant turned 18. Tenant waited too long to sue. Landlord could not adequately investigate and defend against tenant's claim after all this time had passed. Tenant's ignorance of the law was no excuse. The fact that the HRA had investigated and removed tenant from his foster mother's care also strongly suggested that the cause of tenant's injuries was child abuse, not landlord's failure to maintain building services.

Webb v. NYCHA: NYLJ, 1/2/07, p. 30, col. 6 (App. Div. 1 Dept.; Friedman, JP, Williams, Gonzalez, Sweeny, McGuire, JJ)