Developer Loses Bid for Sanctions for Tenant's Remediation Efforts

NEW YORK - A New York court has denied a condominium developer's motion for spoliation sanctions for a unit owner's alleged failure to allow inspections prior to engaging in mold remediation work. Schottenstein v. Windsor TOV LLC, et al., No. 600661/2007 (N.Y. Sup. Ct., N.Y. Cty.).

New York County Supreme Court Justice Michael D. Stallman also denied summary judgment to plaintiff Sarah Schottenstein in his June 17 order, ruling that she failed to make a prima facie case for judgment against the building manager and her bid for judgment against the sponsor, or developer, is premature.

Schottenstein contends that a …