Tenant Waited Too Long to Raise Claims

January 1, 2003

LVT Number: 16355

(Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the landlord.) In 2001, tenant sued landlord for breach of the warranty of habitability dating back to 1993. She claimed that a radiator burst in her apartment based on landlord's failure to maintain the heating system, there were various leaks, noises, and vibrations from the commercial shop on the first floor, and there were unreasonable amounts of fumes and dust rising up into her loft unit. Landlord argued that tenant's old claims should be dismissed. The court ruled for landlord.

(Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the landlord.) In 2001, tenant sued landlord for breach of the warranty of habitability dating back to 1993. She claimed that a radiator burst in her apartment based on landlord's failure to maintain the heating system, there were various leaks, noises, and vibrations from the commercial shop on the first floor, and there were unreasonable amounts of fumes and dust rising up into her loft unit. Landlord argued that tenant's old claims should be dismissed. The court ruled for landlord. Tenant was time-barred from any claim based on incidents that occurred in 1993 or 1994. Tenant's claim was limited to floods occurring after 1997.

Dow v. 48 Tenant's Corp.: Index No. 1868 TSN 2001 (Civ. Ct. NY 8/26/02; Smith, J) [7-pg. doc.]

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