Tenant Claims Landlord Responsible for Bedbug Bite Injuries

April 19, 2016

LVT Number: #26893

NYCHA tenant sued landlord for personal injuries resulting from bedbug infestation. Tenant claimed that she suffered hundreds of bedbug bites over a period of months. Tenant served a Notice of Claim on Landlord on Nov. 16, 2012. Landlord asked the court to dismiss the case as untimely. The court ruled against landlord, who appealed and lost. Tenant’s claim accrued and the 90-day limitations period began to run when tenant knew that bedbugs were the cause of her injuries. There was no proof that tenant knew on or before Aug. 5, 2012, that bedbugs were the cause of her injuries.

NYCHA tenant sued landlord for personal injuries resulting from bedbug infestation. Tenant claimed that she suffered hundreds of bedbug bites over a period of months. Tenant served a Notice of Claim on Landlord on Nov. 16, 2012. Landlord asked the court to dismiss the case as untimely. The court ruled against landlord, who appealed and lost. Tenant’s claim accrued and the 90-day limitations period began to run when tenant knew that bedbugs were the cause of her injuries. There was no proof that tenant knew on or before Aug. 5, 2012, that bedbugs were the cause of her injuries. At most, there may be a question of fact that required a trial. And tenant’s claim wasn’t governed by CPLR 214-c(3) because her injuries weren’t caused by a “substance.” 

 

 
Via v. NYCHA: 26 NYS3d 282, 2016 NY Slip Op 01580 (App. Div. 1 Dept.; 3/3/16; Mazzarelli, JP, Sweeny, Manzanet-Daniels, Gische, JJ)

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