N.Y. Court Denies Further Appeals in Retail Straw Exposure Case

SYRACUSE, N.Y. - A New York appellate court on Sept. 29 denied a farmers market's motion for reargument or further appeal of its opinion reinstating a consumer's failure-to-warn claim over allegedly moldy straw bales. Martin v. Chuck Hafner's Farmers' Market, Inc., et al., No. (210/06) CA 05-01907 (N.Y. Sup., App. Div. 4th Dept.).

The New York Appellate Division, 4th Department ruled on April 28 that any pre-existing sensitivity on the part of plaintiff David Martin was not dispositive of his claims against Chuck Hafner's Farmers' Market Inc.

Martin contends that he suffers from severe respiratory illness from inhaling Aspergillus …