The New York City Housing Authority (“NYCHA”) was at it once again in its repeated attempts to disguise and block information relating to its deplorable living conditions. This time it was related to trying to stop Harford, P.C. from obtaining non-party documents in connection with a Legionella remediation at the Clason Point Gardens residential facility in the Soundview section of the Bronx (“Clason Point”).
In a case captioned Armstrong v. NYCHA (Index No. 817434/2022), pending in Bronx County, Harford, P.C. represents a tenant who suffered from exposure to Legionella bacteria emanating from the drinking water at Clason Point. After her hospitalization in April 2022, the New York City Department of Health investigated a full Legionella outbreak at the facility. The investigation revealed extensive proliferation of Legionella bacteria throughout its drinking water, a lack of any discernable water management plan, and a history of water main breaks, dilapidated piping, and appropriate heating.
In connection with the remediation of Legionella Clason Point, NYCHA hired a company named Atlas Technical Service, Inc. (“Atlas”) to act as a third-party monitor to approve the plan. This included, among other things, chlorination of the drinking water, installation of a copper silver ionization machine, a flushing protocol, and regular Legionella testing.
Naturally, as part of discovery in the case, Harford, P.C. served a non-party subpoena on Atlas for the documents related to the remediation. NYCHA moved to quash the subpoena and block Harford, P.C. from obtaining the documents under the veneered argument it sought inadmissible subsequent remedial measures.
In an Order released by Judge Alison Tuitt on April 15, , the Court rejected NYCHA’s argument and allowed Harford, P.C. to obtain the documents. The Court ruled the documents were relevant to proving a dangerous condition.
If you or someone you know has been exposed to Legionella bacteria, contact Harford P.C. at (212) 390-8983 or e-mail us directly at info@harford-law.com.
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