N.Y. Court Denies Sporicidin Summary Judgment in Homeowners' Suit

MINEOLA, N.Y. - A New York judge has denied a motion for summary judgment by the maker of a mold disinfecting product, concluding that preemption is not a defense to homeowners' failure-to-warn or misrepresentation claims. Minkoff v. Action Remediation Inc., No. 0559/2006 (N.Y. Sup. Ct., Nassau Cty.).

Nassau County (N.Y.) Supreme Court Justice Daniel Palmieri also denied motions for summary judgment by the mold remediation firm blamed for continuing chemical and mold contamination of plaintiffs' home.

Diane B. and Lawrence A. Minkoff allege that their 4,000-square-foot home became unlivable because of chemical contamination resulting from improper mixing of mold removal …