Plaintiffs' Failure to Keep Inspection Report Doesn't Warrant Dismissal

HEMPSTEAD, N.Y. - A New York trial court has declined to strike the complaint or grant summary judgment in a personal injury lawsuit because of plaintiff's failure to preserve a 1998 mold inspection report. Bannon v. Auerbach, et al., No. 4749/00 (N.Y. Sup., Suffolk Cty.).

Lori Bannon is suing her former landlord for what she claims are physical and cognitive injuries to her three children arising out of exposure to mold. The family resided at an apartment in Coram, N.Y. owned and/or managed by defendants Harvey Auerbach and Brookwood Communities Inc. from May 1994 through May 1998.

Bannon says …