Court Says Tenant's Untimely Mold Claims Arose With Symptoms

BUFFALO - A New York appellate panel has reversed a trial court and dismissed a negligence claim brought by a tenant alleging injuries from mold in a leased home, saying the tenant's negligence claim for alleged mold exposure was untimely. Marcinkowski v. Castle, No. 01574/2007 [2008 NY Slip Op 10291 (N.Y. Sup. Ct. App. Div., 4th Dept.).

The New York Supreme Court Appellate Division, Fourth Department, said the plaintiff should have been aware of the cause of action when symptoms arose yet waited more than two years beyond the statute of limitations before filing suit. The court let stand the …