Tenant Settled Mold Claim in Prior Proceeding

December 1, 2011

LVT Number: #23750

Former tenant sued landlord, claiming injuries suffered from exposure to mold in her apartment. Landlord asked the court to dismiss the case without a trial. The court and appeals court ruled against tenant. In a prior proceeding, landlord sued tenant for nonpayment of rent. Landlord and tenant settled that case in court. The settlement included a resolution of tenant's counterclaim of harmful mold exposure while she lived in the apartment.

Former tenant sued landlord, claiming injuries suffered from exposure to mold in her apartment. Landlord asked the court to dismiss the case without a trial. The court and appeals court ruled against tenant. In a prior proceeding, landlord sued tenant for nonpayment of rent. Landlord and tenant settled that case in court. The settlement included a resolution of tenant's counterclaim of harmful mold exposure while she lived in the apartment.

DiCarlo v. Beacway Operating, LLC: 932 NYS2d 697, 2011 NY Slip Op 08281 (App. Div. 1 Dept.; 11/17/11; Gonzalez, PJ, Tom, Catterson, Roman, JJ)

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