N.Y. Court Declines to Apply '2nd Injury Rule' to Extend Limitations Period

NEW YORK - A back problem resulting from allergic reactions to mold was not a separate and distinct injury for statute of limitations purposes, a New York trial judge held recently in dismissing mold claims against developers of a Manhattan apartment building. Caldwell v. Brodsky Organization Inc., No. 117406/04 (N.Y. Sup. Ct., N.Y. Cty.).

Clara and John Caldwell sued The Brodsky Organization and numerous contractors in New York County Supreme Court in December 2004, alleging defective construction caused water leaks and mold contamination in their penthouse apartment on Manhattan's Upper West Side.

The Caldwells are pursuing a separate action …