Tenant's Illness Not Caused by Apartment Mold

December 1, 2011

LVT Number: #23777

Tenant sued landlord, claiming that mold in her apartment made her ill and that landlord failed to remedy the condition. Landlord asked the court to dismiss the case without a trial, claiming that tenant didn't present any proof beyond speculation. The court ruled for landlord and dismissed the case. Tenant had rheumatoid arthritis long before her exposure to mold began in 2005. The symptoms she complained of were consistent with that disease. Tenant also admitted that her health didn't improve after landlord removed or significantly reduced any mold.

Tenant sued landlord, claiming that mold in her apartment made her ill and that landlord failed to remedy the condition. Landlord asked the court to dismiss the case without a trial, claiming that tenant didn't present any proof beyond speculation. The court ruled for landlord and dismissed the case. Tenant had rheumatoid arthritis long before her exposure to mold began in 2005. The symptoms she complained of were consistent with that disease. Tenant also admitted that her health didn't improve after landlord removed or significantly reduced any mold. Tenant failed to prove there was a material question of fact warranting a trial.

Chang v. Morton St. Associates LLC: Index No. 116521/2008, NYLJ No. 1202532936107 (Sup. Ct. NY; 10/24/11; Rakower, J)

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