DAITCH v. NAMAN


25 A.D.3d 458 (2006)

807 N.Y.S.2d 95

LAWRENCE DAITCH, Respondent, v. ALF NAMAN et al., Appellants.

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

January 19, 2006.


The conflicting opinions of the parties' experts raise issues of fact as to the existence of dangerous mold in plaintiff's apartment, whether such mold was caused by water and particulate matter that entered plaintiff's apartment because of the contractor's failure to exercise due care, and whether such mold caused plaintiff's alleged injuries. An issue of fact also exists as to whether the owner had notice of the alleged mold hazard. While there appears to be no dispute...

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