Court Denies Dismissal But Orders Frye Hearing on Causation Testimony

NEW YORK - A New York trial court has denied a motion to dismiss an apartment dweller's personal injury claims for lack of notice to the landlord, but has ordered a Frye hearing to weigh the reliability of expert opinions on causation. Litwak v. Plaza Realty Investors Inc., et al., No. 104745/2002 (N.Y. Sup., N.Y. Cty.).

Wendy Litwak contends that her former New York apartment was contaminated with mold from water leaks, and that exposure to mold has caused her to experience asthma, allergies, chronic rhino sinusitis, hypersensitivity, pneumonitis and cognitive problems. Litwak lived in the apartment from 1986 to …