Tenants Survive Motion to Dismiss Medical Monitoring Claim

CENTRAL ISLIP, N.Y. - A federal judge has denied a motion to dismiss medical monitoring and business law claims by tenants of a luxury apartment complex who claim that the owners failed to alert them to water and mold problems. Sorrentino, et al. v. ASN Roosevelt Center, LLC, et al., No. 08CV0550 (E.D. N.Y.).

Judge Arthur D. Spatt of the U.S. District Court for the Eastern District of New York held on Sept. 29 that the court has allowed medical monitoring claims in toxic tort cases and that plaintiffs have pled sufficient elements to pursue a claim of deceptive acts …