Personal Injury Claims Dismissed from Suit Against N.Y. Landlord

NEW YORK - Personal injury mold claims by an apartment tenant and a friend against a landlord were dismissed for lack of notice on Aug. 3 despite some evidence that the tenant had complained of a water leak from an apartment above her own. Boyle v. Bertbern Realty Corp., No. 114121/2004 (N.Y. Sup. Ct., N.Y. Cty.).

New York County Supreme Court Justice Marylin G. Diamond also dismissed plaintiffs' punitive damages claim, leaving two causes of action alleging damage to personal property. Those claims were not addressed in the motion for summary judgment, the justice said.

Marcy Boyle alleges that she …