Tenant's Mold Condition Claim Filed Too Late

Tenant sued landlord for negligence in April 2004, claiming that he was exposed to a mold condition in the house he rented from landlord. He also claimed that landlord was in noncompliance with applicable building code requirements and that landlord breached the covenant of quiet enjoyment. Tenant said that he discovered mold growing in the basement of the house in October 1998. He activated the furnace in November 1998, which circulated air from the basement throughout the house. Later that same month, he began to have health problems that included asthma, chest pain, and extreme fatigue. His existing respiratory problems also were worsened. Tenant initially tried to treat his symptoms with over-the-counter medications. He didn't seek medical attention until March 2002. At this point, he learned that his health problems were related to his exposure to the mold. Landlord asked the court to dismiss the case, claiming that it was time barred. The court ruled against landlord.
Landlord appealed, and the appeals court ruled for landlord in part. Tenant discovered his injuries in November 1998, when he developed symptoms. Tenant didn't start the lawsuit against landlord within three years of discovering his injuries. So the claim based on exposure to mold was dismissed. But tenant's other claims weren't time barred, and he could go forward with them.

Marcinkowski v. Castle: 2008 WL 5413413 (12/31/08) (App. Div. 4 Dept.; Centra, JP, Fahey, Peradotto, Green, Gorski, JJ)