Another N.Y. Case Dismissed for Lack of Notice to Landlord

NEW YORK - Evidence of prior plumbing leaks and the plaintiff's assertion that she raised the issue of mold contamination with her landlord were insufficient to defeat the landlord's motion for summary judgment for lack of notice, a New York court concluded on June 9. Sacks v. Augart, et al., No. 118340/02 (N.Y. Sup., N.Y. Cty.).

New York County Supreme Court Justice Leland DeGrasse cited Beck v. J.J.A. Holding Corp. (12 AD3d 238 [2004]), lv denied 4 NY3d 705 [2005]) in ruling that plaintiff Susan Sacks failed to raise a triable issue of fact as to whether her landlord, Frank …