Court Rejects Defense Bid for Dismissal After Condo Damage Repaired

NEW YORK - A New York trial judge has denied a defense motion to dismiss a mold lawsuit by condominium owners for their alleged failure to preserve evidence, noting that test results are available and calling any destruction of evidence unintentional. Caldwell v. Two Columbus Avenue Condominium, No. 123568/2002 (N.Y. Sup. Ct., N.Y. Cty.).

New York County Supreme Court Justice Marylin G. Diamond ruled for plaintiffs Clara and John Caldwell on Aug. 31, finding that third-party defendants are not entitled to such a "draconian sanction" because they failed to show that the Caldwells "intentionally or negligently disposed of crucial evidence …