N.Y. Court Agrees that Landlord Had No Constructive Notice

NEW YORK- A New York appellate court affirmed on May 3 that a landlord's knowledge of a discolored wall and previous flood damage does not, by itself, constitute constructive notice of mold contamination. Litwack v. Plaza Realty Investors, No. 104745/02 (N.Y. Sup Ct., App. Div., 1st Dept.).

In a 4-1-majority opinion, the New York Supreme Court Appellate Division, First Department, said the action by tenant Wendy Litwack against Plaza Realty Investors Inc. was properly dismissed, "[t]here being no other evidence tending to show that defendants created or had notice of the alleged mold hazard..." (See HarrisMartin's Columns: Mold, June 2006).