Opinion
7843 Index 102179/15
12-11-2018
In re Elba BRIGADE, Petitioner–Appellant, v. Shola OLATOYE, etc., et al., Respondents–Respondents.
Adriene Holder, The Legal Aid Society, Brooklyn (Perry McCall of counsel), for appellant. Kelly D. MacNeal, New York City Housing Authority, New York (Andrew M. Lupin of counsel), for respondents.
Adriene Holder, The Legal Aid Society, Brooklyn (Perry McCall of counsel), for appellant.
Kelly D. MacNeal, New York City Housing Authority, New York (Andrew M. Lupin of counsel), for respondents.
Sweeny, J.P., Renwick, Mazzarelli, Oing, Moulton, JJ.
Judgment, Supreme Court, New York County (Margaret A. Chan, J.), entered May 24, 2017, denying the petition to annul respondent New York City Housing Authority's determination, dated March 12, 2014, which terminated petitioner's tenancy, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously reversed, on the law, without costs, and the matter remanded to Supreme Court for a hearing to determine whether petitioner's mental condition entitles her to a tolling of the statute of limitations.
The medical records submitted on the petition present an issue of fact as to whether petitioner possessed "an over-all ability to function" during the relevant period (see McCarthy v. Volkswagen of Am., 55 N.Y.2d 543, 548, 450 N.Y.S.2d 457, 435 N.E.2d 1072 [1982] ). Thus, a hearing must be held to determine whether the statute of limitations on this untimely filed proceeding should be tolled for insanity ( CPLR 208 ; see Santana v. Union Hosp. of Bronx, 300 A.D.2d 56, 58, 751 N.Y.S.2d 444 [1st Dept. 2002] ).