N.Y. Court Allows Reargument and Dismisses Remaining Claims

NEW YORK - A New York trial court allowed both sides to reargue motions that resulted in a partial dismissal in April 2005, and concluded that the three remaining claims against landlord defendants should be dismissed, as well. Litwack v. Plaza Realty Investors Inc., et al., No. 104745/02 (N.Y. Sup., N.Y. Cty.).

In April 2005, the New York County Supreme Court dismissed Wendy Litwack's claims against Plaza Realty Investors for negligence and breach of the warranty of habitability, finding that her landlord had no actual or constructive notice of mold.

Litwack had argued that water leaks and the presence of …