Security Co. Relies on Contract Clause to Prevail on Mold Allegations

WHITE PLAINS, N.Y. - A home security company blamed for causing a waste water leak and mold contamination has prevailed on its motion for summary judgment, citing a contract clause absolving the company for water intrusion or mold damages. Brothers v. Tyco International Ltd., et al., No. 2009-01731 [Index No. 4900/08] (N.Y. Sup. Ct., App. Div., 2nd Dept.).

The New York Supreme Court Appellate Division, Second Department, affirmed summary judgment with costs for Tyco International Ltd. on Jan. 19, finding that plaintiffs Martin L. and Carmelita M. Brothers failed to raise a triable issue of fact.

The plaintiffs alleged that …