High Court Agrees that Landlord Had No Notice, No Liability

ALBANY, N.Y. - The New York Court of Appeals has affirmed decisions by lower courts that tenants cannot pursue mold injury claims against a landlord without showing that the landlord was on notice that there was an existing mold hazard. Litwack v. Plaza Realty Investors Inc., No. 159 (N.Y. Ct. App.).

The court ruled in favor of Plaza Realty Investors Inc. on Oct. 28, concluding that claims by Wendy Litwack were properly dismissed by the New York County Supreme Court.

Litwack alleged that her former New York apartment was contaminated with mold from water leaks and that exposure to the …