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SEARLE v. CITY OF NEW ROCHELLE

293 A.D.2d 735 (2002)

742 N.Y.S.2d 314

MARY SEARLE et al., Appellants, v. CITY OF NEW ROCHELLE et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 29, 2002.

Ordered that the order and judgment is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

This is an action to recover damages for personal injuries arising out of a toxic mold condition in a one-family house leased by the plaintiffs from the defendant City of New Rochelle. Commencing in the fall of 1995, the plaintiffs observed the growth of mildew and mold throughout the house. By 1997 the mold gave off a...

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