Court Allows Late Suit Against New York City Housing Authority

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Court Allows Late Suit Against New York City Housing Authority

by Publishing

http://www.imakenews.com/pureaircontrols/e_article000480696.cfm?

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November 2, 2005

NEW YORK – A New York trial court said Aug. 2 it would allow a late-

filed claim to proceed against the New York City Housing Authority

because the authority was aware of tenants' mold complaints and the

medical conditions of minor plaintiffs and would not be prejudiced

by the delay. Craddock v. City of New York, et al., No. 19948/04

(N.Y. Sup., Queens Cty.).

Queens County Supreme Court Justice Phyllis Orlikoff Flug did grant

a similar motion to dismiss by the City of New York, 'as they

neither owned, manage, operated or maintained the building.'

Ta-Tanisha Royal filed the lawsuit on behalf of her daughter,

Yanasti Craddock, and son, Yasone Craddock, complaining that the

children were poisoned by exposure to mold in an apartment in the

Borough of Queens managed by the city's Housing Authority.

New York General Municipal Law requires claimants to provide notice

to the city within 90 days of the time they are aware of any claim

(General Municipal Law 50-e), and requires that any lawsuit be filed

within one year and 90 days of the date the claim arose.

Royal provided Notice of Claim to the city and housing authority on

Sept. 15, 2003, and filed the lawsuit on Sept. 1, 2004.

Justice Flug said it was established that the housing authority was

notified of mold in the apartment, that the apartment was repainted

in February 2000, that Yanasti Craddock and the mother were both

diagnosed with asthma and that the children's mother asked for a new

apartment when the city health inspector instructed the mother not

to bring her newborn son, Yasone, home after his birth on Jan. 24,

2002.

'Clearly,' Justice Flug said, 'movant relied to her detriment on

assurances of the Housing Authority, that the situation was being

corrected.'

ph Fleming of New York represents Royal and Yanasti and Yasone

Craddock.

The New York City Housing Authority is represented b y the firm of

Elser Moskovitz Edelman & Dicker in New York.

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