Tenants' Late Filing of Notice of Claim for Child's Lead Poisoning Excused by Court

NYCHA tenants sued landlord, claiming that their child was injured by exposure to lead-based paint in their apartment. They had moved into their unit in April 2020, and in January 2022, the infant tested with an elevated lead level. DOH inspected the apartment, and on March 24, 2022, issued an abatement order directing NYCHA to remove, correct, or otherwise abate the lead paint condition within five days. Tenants filed their notice of claim against NYCHA in November 2022, and the court granted their request to serve the late notice. The court ruled for tenants and deemed their notice of claim timely.

Landlord appealed and lost. Landlord didn't deny knowledge of the apartment inspection and DOH abatement order. NYCHA had actual knowledge of the facts behind tenants' claim within two months after the infant's diagnosis. So NYCHA wouldn't be substantially prejudiced in investigating and defending the claim. While tenants' delay in retaining an attorney and getting lab results wasn't "particularly compelling," the court found that the absence of a reasonable excuse, standing alone, wasn't fatal given the lack of prejudice to NYCHA and the relatively brief delay.

JJCRR v. NYCHA: Index No. 160270/22, App. No. 3248, Case No. 2023-03643, 2024 NY Slip Op 06276 (App. Div. 1 Dept.; 12/12/24; Kern, JP, Kapnick, Gonzalez, Mendez, O'Neill Levy, JJ)