Tenant Suing Apartment Complex for Mold-Ridden Lodgings May Not Add Wiretapping Motion

ROCHESTER, N.Y. - A tenant who sued the owners of her apartment complex for performing only cosmetic repairs to a flood-damaged and moldy basement apartment prior to renting it cannot amend her complaint to add a cause of action for an alleged wiretap of her telephone by the defendants, but may prevent the wiretap evidence from being used, a New York court has ruled. Regina V. Kennedy, Individually and as the Parent and Legal Guardian of Michael Ross, an infant, v. Cedar Court Associates, L.P., Cedar Commons Associates, L.L.C. and Matco Equities, Inc., No. 3494/01 (N.Y. Sup. Ct., Monro Cty.).