The underlying action arose out of two separate incidents: the infant plaintiff's alleged exposure to mold, dust and vermin in or about October 2000, and alleged injury to plaintiff mother (introduced in the bill of particulars) from a ceiling collapse on February 23, 2003. Triable issues of fact exist as to whether Holding was a proper party to the litigation. Although Holding's application to the motion court was predicated solely on its lack of ownership of the subject...
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