Court Rejects Plaintiffs' Expert Reports But Allows For Re-Filing

MINEOLA, N.Y. - A New York trial court that dismissed property damage claims for lack of proof has found plaintiffs' recent submissions inadmissible but said plaintiffs could re-submit them in proper form and restore the case to the trial calendar. Bowes v. Healy, No. 9944-03 (N.Y. Sup., Nassau Cty.).

Nassau County Supreme Court Justice Edward G. McCabe said in his Oct. 30 order that plaintiff Craig Bowes' photocopied affidavit in support of his property damage claim and an unsigned, unaffirmed mold testing report failed to submit the required proof that they had a meritorious action.

Bowes and Elizabeth Feudale contend …