Tenant Claims Injury from Mold in Apartment

November 15, 2012

LVT Number: #24428

Tenant sued landlord for negligence, claiming that mold in his apartment caused severe and permanent personal injuries as well as extensive property damage. Landlord claimed that any mold levels in the apartment were insufficient to cause illness and that tenant's illegal drug use may have caused his condition. The court granted tenant's request to conduct a unified trial on the issues of liability and damages as there were questions of fact as to the nature and level of his exposure to toxic mold in the apartment.

Tenant sued landlord for negligence, claiming that mold in his apartment caused severe and permanent personal injuries as well as extensive property damage. Landlord claimed that any mold levels in the apartment were insufficient to cause illness and that tenant's illegal drug use may have caused his condition. The court granted tenant's request to conduct a unified trial on the issues of liability and damages as there were questions of fact as to the nature and level of his exposure to toxic mold in the apartment.

Rosati v. Brigham Park Co-Operative Apartments: Index No. 15229/08, NYLJ No. 1202574556711 (Sup. Ct. Kings; 10/4/12; Battaglia, J)

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