Trial Court Dismisses Claim for Treble Damages

NEW YORK - A New York trial court has dismissed a claim for treble damages in a mold property damage case, finding that the plaintiff tenants have not stated a cause of action that would allow such an award. Weich v. 308 West 104 LLC, No. 602215/2006 (N.Y Sup., N.Y. Cty.).

Justice Joan M. Kenney of the New York County Supreme Court granted a defense motion for summary judgment on that issue on July 16, and also agreed with the defendant landlords that plaintiffs cannot seek as damages either expert witness fees or attorney fees generated in related, but separate …