MARCINKOWSKI v. CASTLE


57 A.D.3d 1413 (2008)

870 N.Y.S.2d 206

GARY MARCINKOWSKI, Respondent, v. PATRICIA CASTLE, Formerly Known as PATRICIA LAWKOSWKI, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

December 31, 2008.


It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion in part and dismissing the negligence claim based on exposure to mold and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action to recover damages for injuries arising from a mold condition in a home that he leased from defendant. According to plaintiff, he discovered the growth of mold in the basement of the home in...

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