Court Refuses to Dismiss Claims Against Apartment Lessor

NEW YORK - A New York trial court dismissed mold injury claims by a subtenant against an apartment building's owner and manager but said claims against the second of two lessors were not untimely and could proceed. Dietrick v. Gutman, et al., No. 121369/2003 (N.Y. Sup., N.Y. Cty.).

New York County Supreme Court Justice Jane S. Solomon said in a Jan. 11 order that most of William Dietrick's claims were barred by a three-year statute of limitations for toxic exposure (CPLR 214-c).

Dietrick alleged in a complaint filed in 2003 that he suffered personal injury and damage to his personal …