3rd-Party Insurer Wins Dismissal

NEW YORK - A New York trial court has dismissed third-party claims against an insurer whose policy expired before a tenant claimed injury from mold in the insured's apartment building. <i.Downey v. 10 Realty Co., Inc., No. 117110/2004 (N.Y. Sup. Ct., N.Y. Cty.).

In an Aug. 20 order, the New York County Supreme Court rejected assertions by plaintiff John Downey that he felt ill effects during the policy period and weeks before he first sought medical treatment, or that the injuries were based on long-standing exposure to mold.

Downey sued 10 Realty Co., Inc. in 2004, alleging that he suffered …