Court Cites Conflicting Testimony on Notice in Denying Summary Judgment

NEW YORK - A tenant's assertion that he complained repeatedly about a mold condition in his apartment was sufficient reason to deny the landlord's motion for summary judgment despite evidence that environmental reports were not provided to the landlord until after the lawsuit was filed, a New York court has ruled. Crean v. Klingenstein, et al., No. 15341/2004 (N.Y. Sup., Queens Cty.).

Queens County Supreme Court Justice Valerie B. Nelson said in a decision filed on Oct. 3 that the court need not review the sufficiency of plaintiff Sean Crean's evidence of notice because landlord defendants Jeffrey k. Klingenstein failed …