Tenant’s Claim for Injury from Mold Was Untimely

Landlord sued landlord NYCHA, claiming that her asthma condition worsened as the result of exposure to mold in her apartment. The mold resulted from a leak that had been ongoing since May 2010. Landlord argued that tenant’s claim was untimely because she hadn’t filed a notice of claim within 90 days of discovering her injury. The court ruled against landlord. Tenant’s asthma symptoms worsened sometime between September 2010 and February 2011, at which time she began more frequent doctor visits and received additional medications. But a doctor didn’t note a connection between tenant’s symptoms and the mold in her apartment until March 2011. So the court found that tenant’s notice of claim filed in June 2011 was timely. Landlord appealed and won. Tenant’s claim accrued when she began to suffer manifestations and symptoms of her physical condition, not when the specific cause of the injury was identified. The case was dismissed.

Vincent v. NYCHA: 2015 NY Slip Op 04767, 2015 WL 3551526 (App. Div. 1 Dept.; 6/9/15; Friedman, JP, Acosta, Mosowitz, Richter, Feinman, JJ)