Tenant Shouldn't Have Filed Lawsuit in Federal Court

June 10, 2012

LVT Number: #24139

Tenant sued landlord, seeking $1.2 million in medical and emotional damages based on exposure to mold, lead paint, and asbestos in his apartment. The court dismissed the case, finding that tenant started his lawsuit in the wrong court. Tenant and landlord both were located in New York, so the case belonged in state court. Tenant made one of his claims under the Occupational Safety and Health Act (OSHA), but this was inapplicable since landlord wasn't tenant's employer.

Tenant sued landlord, seeking $1.2 million in medical and emotional damages based on exposure to mold, lead paint, and asbestos in his apartment. The court dismissed the case, finding that tenant started his lawsuit in the wrong court. Tenant and landlord both were located in New York, so the case belonged in state court. Tenant made one of his claims under the Occupational Safety and Health Act (OSHA), but this was inapplicable since landlord wasn't tenant's employer. Tenant may have been entitled to sue under the Toxic Substance Control Act (TSCA), but he filed too late because he didn't bring the lawsuit within 60 days after notice of violation to the Environmental Protection Agency and landlord. Tenant didn't send notice to the EPA at all, and this was required. Tenant also improperly delivered the court papers to landlord by mailing them to a law firm that wasn't landlord's agent for service of process.

Olivadoti v. 290 Riverside: 12 Civ. 386, NYLJ No. 1202553237610 (SDNY; 5/8/12; Engelmayer, J)

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