Landlord Denied Leave to Assert Mitigation Counterclaim

NEW YORK - A New York appellate panel has denied landlord defendants' motion to amend their answer to a personal injury lawsuit, saying they failed to show any merit to a proposed counterclaim against the mother of a child allegedly sickened by mold. Milkis v. Condominium Lloyd 54 Condominium, et al., No. 570512/2008 [2009 NY Slip Op 29252] (N.Y. Sup. Ct., App. Term, 1st Dept.).

The New York Supreme Court Appellate Term, First Department said in affirming a decision by New York Civil Court, that "[l]acking from defendants' moving submission were any evidentiary facts tending to show that the mother's …