N.Y. Court Grants Rehearing and Dismisses Tenant's Negligence Claims for Lack of Notice

NEW YORK - A New York trial court has vacated its earlier denial and awarded summary judgment on negligence claims to a landlord accused of failing to abate mold hazards, citing a recent appellate opinion on the issue of notice. Litwack v. Plaza Realty Investors Inc., et al., No. 104745/02 (N.Y. Sup., N.Y. Cty.).

New York County Supreme Court Justice Marilyn Shafer said that shortly after she denied summary judgment to Plaza Realty Investors on Nov. 12, the New York Supreme Court Appellate Division, First Department, addressed for the first time the issue of adequate notice in a mold context.