Trial Required on Whether Dangerous Mold Existed in Tenant's Apartment

Tenant sued landlord and its contractor for negligence. Tenant claimed that the contractor's poor performance of exterior facade work caused dirty water to enter his apartment, forming mold. Tenant became ill from the mold condition. Landlord and contractor both asked the court to dismiss the case without a trial. Landlord claimed that if there was any fault, it was the contractor's, not landlord's. The contractor argued that it had no duty to tenant. The court ruled against landlord and the contractor. The contractor was landlord's agent. So landlord was responsible for the contractor's acts. And there were questions of fact as to whether the contractor didn't exercise due care in its work and whether this created an unreasonable risk of harm to tenant. A trial was needed to decide the facts.

Daitch v. Naman: NYLJ, 1/23/06, p. 24, col. 6 (App. Div. 1 Dept.; Tom, JP, Marlow, Williams, Sweeny, Malone, JJ)