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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118723
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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A senior citizen with history of high blood pressure/heart

Customer Question

A senior citizen with history of high blood pressure/heart disease was dealing with a very negligent landlord and also facing cotenant harassment that the landlord failed to address, plus the building had bedbug infestation. The landlord was able to get
eviction order for owed rent against the senior citizen, and the senior citizen was unable to put forth a strong defense due to old age and been pro se. However, the landlord threw all the senior citizen's property out on the street and didn't store it in
storage as required under eviction law. The senior citizen became worried and subsequently died. Can the eviction order be appealed if it has been more than a year since the eviction, and can a wrongful death claim be brought against the landlord?
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am sorry to say that under the conditions you describe above, more than a year after the eviction would be too long to appeal the eviction. The wrongful death action would require more direct proof that the conduct of the landlord DIRECTLY caused the death of the tenant. Causing worry because he did not care for the senior citizen's property after eviction is not generally sufficient to succeed in a wrongful death case I am afraid, unless the doctors can directly attribute the death specifically to the conduct of the landlord.
There is a 2 year statute of limitations from the date of the last action causing the death to file suit for wrongful death. See: NY Estate Powers and Trust Law (EPTL) § 5-4.1.