N.Y. Court Allows Plaintiff to Call Expert Mold Witness Despite Defense Objection

MINEOLA, N.Y. - A New York trial court postponed trial for 45 days to allow a defendant to investigate claims by plaintiffs' newly listed mold expert, but the court rejected a defense contention that plaintiffs were attempting to introduce mold damage as a new category of damages. Cherpak v. Mole Housing Corp., No. 02-00192 (N.Y. Sup., Suffolk Cty.).

The July 25 order came on a motion to compel by plaintiff Lillian Cherpak, who included a remediation firm, Mold Pro Inc., in her expert disclosure to Mole Housing Corp.

Cherpak contends that Mole was negligent in clearing an adjacent lot and …