No Summary Judgment for Landlord in Notice Dispute

NEW YORK - A Manhattan landlord that disputes its tenant's mold injury claims failed to persuade an appellate court to overturn an order denying summary judgment. Rashid v. Clinton Hill Apts. Owners Corp., et al., No. 2009-02940 [Index No. 15178/2005 (N.Y. Sup. Ct., App. Div., 2nd Dept.).

The New York Supreme Court Appellate Division, Second District, said building owner Time Equities failed to make a prima facie showing that it did not have notice of a defective condition or that mold was not the proximate cause of injuries to its tenants.

Hafiza Rashid alleges that she and her son have …