N.Y. Court Denies Motion to Review Decision on Mold Exclusion

MINEOLA, N.Y. - A New York judge has denied homeowners' motion to reconsider summary judgment that was awarded to an insurer in December after the court concluded that coverage was barred by policy exclusions. Ripka v. Assurance Company of America, et al., No. 3489/2007 (N.Y. Sup. Ct., Nassau Cty.).

Nassau County (N.Y.) Justice Michele M. Woodard on March 31 denied the motion by David and Samantha Ripka, who argued unsuccessfully that the justice misapplied New York law in ruling for their homeowners' insurer in December (See HarrisMartin's Columns: Mold, Jan. 2009).

Justice Woodard ruled on Dec. 8 that mold and …