Tenant Evidence of Notice Sufficient to Defeat Summary Judgment

NEW YORK - A New York trial court has denied a landlord's motion for summary judgment in a negligence action, saying that the tenants made a prima facie case by offering evidence that the landlord had notice of mold. Bernal v. Conde, No. 9660/2004 (N.Y. Sup., Queens Cty.).

Queens County Supreme Court Justice Denis J. Butler also ruled that the plaintiff tenants sufficiently alleged that a defective condition existed to preclude summary judgment on the negligence claim.

Arturo and Liliana Bernal allege in response to an eviction action that they and their children have been harmed by defective conditions in …