Plaintiff Can't Rely on Housing Court's Inspection Order to Toll Statute

NEW YORK - A tenant's assertion that she waited to bring suit until it was clear her landlord was disregarding a housing court order to inspect for mold and make repairs is insufficient reason to waive the three-year statute of limitations for personal injury claims, a New York trial court ruled on July 3. Wiesel v. 310 East 46 LLC, No. 111890/04 (N.Y. Sup. Ct., N.Y. Cty.).

New York County Supreme Court Justice Barbara R. Kapnick dismissed the complaint in its entirety after also ruling that, while Erika Wiesel brought her contract claim within the six-year limitations period allowed for …