N.Y. Appellate Court Orders Dismissal of Mold Exposure Suit for Lack of Notice

NEW YORK — A New York appellate court has ordered a trial court to grant a school board’s motion for summary judgment in an employee’s mold exposure lawsuit, saying that the plaintiff failed to show that the defendant knew or should have known of the allegedly dangerous condition.

The New York Supreme Court Appellate Division, First Department, on Nov. 12 reversed a decision by the Bronx County Supreme Court denying summary judgment to the City of New York and its Board of Education, which sought dismissal of common law negligence claims brought by Chris Koerner.

Koerner is seeking damages for …