Trial Court Dismisses N.Y. Condo Owner's Injury Claims on Causation Grounds

NEW YORK - A New York trial court has dismissed personal injury claims brought by the owner of an allegedly mold-contaminated condominium, ruling that her physicians' unsworn statements are insufficient to establish causation. Caldwell, et ux. v. Two Columbus Avenue Condominium, et al., No. 123568/2002 (N.Y. Sup. Ct., N.Y. Cty.).

New York County Supreme Court Justice Marilyn G. Diamond dismissed Clara Caldwell's personal injury claims on Oct. 22 in a lengthy decision addressing various substantive and procedural defense motions.

Clara and John Caldwell alleged that water infiltration in their condominium unit was insufficiently addressed by the building's managers and …