N.Y. Court Denies Summary Judgment Motions by Building Owners

KINGSTON, N.Y. - A New York trial court has denied summary judgment to owners of a rental unit who relied on another court's recent Frye ruling to argue that exposure to mold could not have caused the injuries claimed by their tenants. Jazylo, et al. v. Leong, et al., No. 05-2482 (N.Y. Sup., Ulster Cty.).

Ulster County Supreme Court Justice George B. Ceresia Jr. ruled on May 25 that attorney affidavits citing Fraser v. 301-52 Townhouse Corp. (13 Misc 3d 1217[A][Sup Ct, N.Y. Cty. 2006]) were insufficient to support summary judgment on tenants' mold injury claims.

Arthur Leong and Gerry …