Court Finds for Tenants but Awaits Discovery on Mold Issues

NEW YORK - Tenants who say they were forced to leave their apartment because of lead-based paint, mold contamination and toxins from a malfunctioning chimney have been awarded summary judgment on their constructive eviction claim based on the presence of lead paint in their apartment. Graham v. Marshall, No. 115816/05 (N.Y. Sup., N.Y. Cty.).

Justice Barbara R. Kapnick said in her July 10 order that while the presence of lead-paint requires a finding for tenants on their constructive eviction claim and the landlords' $20,000 counterclaim, discovery is needed before ruling on the landlords' motion to dismiss tenants' mold and toxic …