N.Y. Appellate Court Affirms Summary Judgment for Condo Developers

NEW YORK - A New York appellate court has affirmed summary judgment awarded condominium developers on claims by the owner of one luxury unit that construction defects led to mold intrusion. Kerusa Co. LLC v. W10Z/515 Real Estate Limited Partnership, et al., 2008 N Y Slip Op 03687 [No. 601610/03 (N.Y. Sup. Ct., App. Div., 1st Dept.).

The Supreme Court Appellate Division, 1st Department, held that evidence did not support mold claims by Kerusa Co., and that the unit owner did not have standing to sue contractor parties because the owner was not an intended beneficiary of the construction contracts. …