Insufficient Proof of Mold in Tenant's Apartment

December 1, 2011

LVT Number: #23751

Former tenant sued landlord, claiming damages for injuries to person and property from extensive water penetration and mold contamination in the apartment. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, who appealed and won. Tenant failed to prove that accepted testing methods were used to measure mold in the apartment. Tenant's environmental expert collected indoor air samples on a single day, which wasn't reliable enough to demonstrate any toxicity level. There also was insufficient proof of any negligence by landlord.

Former tenant sued landlord, claiming damages for injuries to person and property from extensive water penetration and mold contamination in the apartment. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, who appealed and won. Tenant failed to prove that accepted testing methods were used to measure mold in the apartment. Tenant's environmental expert collected indoor air samples on a single day, which wasn't reliable enough to demonstrate any toxicity level. There also was insufficient proof of any negligence by landlord.

Jagger v. Katz Park Avenue Corp.: 33 Misc3d 139(A), 2011 NY Slip Op 52104(U) (App. T. 1 Dept; 11/22/11; Schoenfeld, JP, Shulman, Torres, JJ)

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