New York's Top Court Dismisses Tenant's Mold Exposure Claim

Tenant sued former landlord for personal injuries based on her exposure to mold and other toxins in her first-floor apartment. In 2002 and 2003, the building basement below tenant's apartment was damaged by flooding. In 2003, a steam pipe burst in the apartment and water from the basement leaked out. Soon after that, tenant noticed mold in her bathroom and experienced body rash, shortness of breath, fatigue, disorientation, and headaches. Prior landlord told her to clean the bathroom with bleach and install a dehumidifier. She did so, and her symptoms disappeared.

Later that year, the building was sold and new landlord began renovation work in the basement. Tenant again experienced symptoms that didn't respond to medication. She moved out and stopped paying rent. Landlord sued her for nonpayment.

The housing court ruled for tenant and gave her a complete abatement. Tenant then sued landlord. The court granted landlord's request to dismiss the case without a trial. Tenant appealed, and the case was reopened. The appeals court ruled that tenant had grounds for the case. Tenant's experts had shown there were several studies linking toxic mold with symptoms like tenant's. Two of the judges disagreed, stating that there was insufficient proof that the studies were generally accepted in the relevant scientific community.  

Landlord then was granted permission to appeal by New York's highest court, which dismissed tenant's case. Among other things, the Court of Appeals ruled that tenant failed to show specific causation required to support a claim that her injuries were caused by indoor exposure to dampness and mold. Tenant's expert didn't identify the specific disease-causing agent she claimed she was exposed to and didn't explain why he ruled out other diseases that were common causes of many of tenant's medical conditions. 

Cornell v. 360 West 51st Street Corp.: 2014 NY Slip Op 02096, 2014 WL 1237483 (NY Ct App.; 3/27/14; Read, J, Pigott, J [dissenting])