No Notice to Landlord of Mold Hazard

Tenant sued landlord for negligence, based on mold damage in her apartment. In 1998, tenant's apartment was flooded and her walls and floors severely damaged. Landlord repainted the apartment and tenant replaced the carpeting. Tenant claimed that mold then developed in the apartment, causing her respiratory damage. She said the hazardous mold condition was caused by the apartment flooding. Landlord asked the court to dismiss the case. It claimed that it didn't create the condition and didn't know about it until November 1999, just before tenant moved out. The court ruled for landlord. Tenant appealed and lost. Landlord didn't have a duty to continually check tenant's apartment after the flooding damage was repaired. Landlord had no notice of the mold condition until tenant found out about it herself and told landlord she was moving out.

Beck v. JJA Holding Corp.: NYLJ, 11/18/04, p. 29, col. 6 (App. Div. 1 Dept.; Mazzarelli, JP, Sullivan, Friedman, Gonzalez, Catterson, JJ)