Appeals Court Affirms Denial of Summary Judgment in Mold Injury Case at Elementary School

BROOKLYN, N.Y. - The Supreme Court of New York late last month affirmed a lower court's denial of summary judgment in a case involving alleged mold-related personal injury and property damage at an elementary school. Kurtz, et al. v. Chicorp Financial Services, et al., No. 2000-09463 (N.Y. Sup. Ct., App. Div., 2nd Dept.).

The decision, released on Sept. 24, stated that "factual issues exist as to whether the modification [of the modular building housing the staff and student body] was the proximate cause of the mold growth and the plaintiffs' injuries." Therefore, the court said, the trial court's summary judgment …