Court Excludes Testimony by Plaintiff's Physician After Frye Hearing

NEW YORK - A New York trial court has granted a defense motion to exclude expert testimony by a plaintiff's personal physician, finding that plaintiff failed to provide evidence of his expertise in mold allergy issues or a foundation for his opinions. Kelly v. Orsid Realty Corp., No. 104933/03 (N.Y. Sup., N.Y. Cty.).

Louise M. Kelly alleges that she suffered respiratory and other illnesses because of damp conditions and mold emanating from an apartment above hers. The owners of the cooperative apartment building, 2 Beekman Place, countersued for $58,242 in unpaid maintenance fees and the trial court previously ordered Kelly …