In a recent decision, the New York State Court of Appeals[1] has resolved conflicting lower court decisions we have reported in previous memoranda[2] and raised the bar for the successful prosecution of claims based on alleged injury from mold. Although cooperatives and condominiums will still be subject to such claims, the Court made clear that the claims should be judged based on the strict application of the evidentiary rules applicable to expert scientific evidence.[3] In the case before it, the Court dismissed the claim because the evidentiary requirements had not been satisfied. The decision reviewed the two casual determinations required… Read more
