Tenant's Claim Filed Too Late

August 31, 1998

LVT Number: 12595

Tenant asked the court for permission to file a late claim notice against landlord NYCHA for injuries she claimed she suffered in a slip-and-fall accident at the building. Generally, such a notice must be sent within 90 days of the accident, but the court allowed tenant to send her claim notice after nine months. Landlord appealed. The appeals court ruled for landlord and dismissed tenant's claim. Tenant provided no reasonable excuse for her delay or proof that landlord otherwise knew about her claim within 90 days or a reasonable time thereafter.

Tenant asked the court for permission to file a late claim notice against landlord NYCHA for injuries she claimed she suffered in a slip-and-fall accident at the building. Generally, such a notice must be sent within 90 days of the accident, but the court allowed tenant to send her claim notice after nine months. Landlord appealed. The appeals court ruled for landlord and dismissed tenant's claim. Tenant provided no reasonable excuse for her delay or proof that landlord otherwise knew about her claim within 90 days or a reasonable time thereafter.

Rakhlev v. NYCHA: NYLJ, p. 25, col. 5 (8/27/98) (App. Div. 2 Dept.; Rosenblatt, JP, Ritter, Copertino, Florio, JJ)

Topics

More like this