N.Y. Appellate Court Affirms Exclusion of Plaintiff's Experts in Fraser

NEW YORK - A New York appeals court has affirmed an order excluding testimony by physicians who linked plaintiffs' personal injuries to mold exposure and awarding summary judgment to landlord defendants on those claims. Fraser v. 301-52 Townhouse Corp., 2008 NY Slip Op 10208 [No. 113586/02] (N.Y. Sup. Ct., App. Div., 1st Dept.).

The 3-2 ruling by the New York Supreme Court Appellate Division, First Department, on Dec. 30 affirms a ruling by a New York justice who agreed with defense experts that there was insufficient evidence of a link between mold and respiratory illness to prove causation.

The …