Personal Injury Action Accrues Upon Awareness of Mold, Not Diagnosis of Illness, Court Holds

BROOKLYN, N.Y. - A New York appeals court has upheld a lower court decision dismissing the mold personal injury lawsuit of a family that filed their notice of claim with the court more than two years after first exhibiting symptoms of alleged toxic exposure. Mary Searle, et al., v. City of New Rochelle, et al., No. 2000-08897 (N.Y. Sup. Ct., App. Div., 2nd Dept.).

In a brief decision issued April 29, the New York Supreme Court's Second Department Appellate Division found that the plaintiffs' cause of action accrued at the time they began suffering the mold-related symptoms, not when the …