Tenant's Toxic Mold Claim Dismissed by Court

Tenant sued landlord, seeking damages for personal injuries he claimed were caused by exposure to toxic mold in his apartment. The Nassau County court granted landlord's motion to dismiss the case. Tenant appealed and lost. The appeals court noted that, to hold a landlord liable for a hazardous condition on its property, a plaintiff must show that the landlord either created the condition or had actual or constructive notice of its existence. Here, landlord presented proof that it neither created nor had actual or constructive notice of any alleged toxic mold condition, and that it maintained the building in a reasonably safe condition. In opposition, tenant failed to raise a triable issue of fact. Tenant didn't submit a sworn statement or any other material proof to rebut landlord's evidence, and failed to demonstrate that landlord's request to dismiss the case was premature. 

Fieldman v. Bambi Assoc., Inc.: Index No. 607459/21, Case No. 2023-03138, 218 NYS3d 132, 2024 NY Slip Op 04947 (App. Div. 2 Dept.; 10/9/24; Brathwaite Nelson, JP, Maltese, Voutsinas, Love, JJ)