Contractor Fails in Bid to Avoid Liability for 1989 Condo Project

RIVERHEAD, N.Y. - A New York trial court has denied a contractor's motion to dismiss mold claims by owners of a condominium unit constructed in 1989, ruling that the owners' personal injury and property damage lawsuit is timely under a three-year toxic tort statute of limitations. Hines v. Spectrum Distributing Corp., No. 10021/06 (N.Y. Sup., Nassau Cty.).

In denying the motion by E.W. Howell Co., Nassau County Supreme Court Justice William LaMarca said the state's toxic tort statute applies from the date the parties discovered, or should have discovered, their injuries.

Citing Matter of New York County DES Litigation …