Court Reinstates Claim After Finding Workers' Comp Defense Filed Too Late

SYRACUSE, N.Y. - A New York appellate court ruled July 1 that employer defendants' filed an untimely amended defense and they could not assert workers compensation exclusivity as a defense to their employees' mold exposure claims. Sweeney v. Purcell Construction Corp., No. 670 CA 04-01306 (N.Y. App. Div., 4th Dept.).

Zona Gale B. Sweeney and five co-plaintiffs complained they were exposed to mold in the basement of their employer, Obstetric & gynecologic Associates of Northern New York. Sweeney sued the medical practice's partners, as well as the building's owners and operators in the New York Supreme Court for Jefferson …