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WALLS v. PRESTIGE MANAGEMENT, INC.

2891N, 2891NA, 108867/07

73 A.D.3d 636 (2010)

900 N.Y.S.2d 867

VANESSA WALLS et al., Appellants, v. PRESTIGE MANAGEMENT, INC., et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 25, 2010.

Plaintiff Vanessa Walls stated that she first discovered her injuries some time in 2001. Therefore, the motion to amend is time-barred because it was made more than three years after the discovery (see CPLR 214-c; Martin v 159 W. 80 St. Corp., 3 A.D.3d 439, 439-440 [2004]). The prior Civil Court action alleged breach of the warranty of habitability, the measure of damages for which is limited to rent abatement (see...

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