Neighbors' Lawsuit Over Source of Mold Restored to Trial Calendar

RIVERHEAD, N.Y. - A New York trial court has vacated the dismissal of a lawsuit over alleged mold exposure from a neighbor's attic fan, saying plaintiffs have cured procedural defects that led to the prior dismissal without prejudice. Bowes, et al. v. Healy, No. 9944/03 (N.Y. Sup., Nassau Cty.).

New York Supreme Court Justice Edward G. McCabe rejected a defense contention that the application to renew a prior motion to vacate was untimely, citing resolution of a related issue on appeal and other valid excuses for any delay.

The Nassau County Supreme Court dismissed an action by Craig Bowes and …