Court Dismisses Condo Owners' 'Duplicative' Claims for Gross Negligence, Nuisance

NEW YORK - A New York trial judge has dismissed "duplicative" gross negligence and public nuisance causes of action arising out of mold claims by the owners of a $5 million condo unit. M_ilstein, et al. v. Essex House Condominium, et al._, Nos. 603046/2008 and 114290/2008 (N.Y. Sup. Ct., N.Y. Cty.).

New York Supreme Court Justice Louis B. York on Dec. 13 declined to dismiss Brook and Sandra Milstein's breach of fiduciary duty claim against the Essex House Condominium Board of Managers, allowing the Milsteins to pursue that claim and one for breach of contract.

The Milsteins allege that a …