CORNELL v. 360 W 51ST ST.

113104/04, 4810.

95 A.D.3d 50 (2012)

939 N.Y.S.2d 434

2012 NY Slip Op 1643

BRENDA CORNELL, Appellant, v. 360 WEST 51ST STREET REALTY, LLC, et al., Defendants, 360 W. 51ST STREET CORP. et al., Respondents. (And a Third-Party Action.)

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

Decided March 6, 2012.


Attorney(s) appearing for the Case

Gallet Dreyer & Berkey, LLP, New York City ( Morrell I. Berkowitz and Beatrice Lesser of counsel), for appellant.

Bonner Kiernan Trebach & Crociata LLP, New York City ( Alan L. Korzen and Mindy L. Jayne of counsel), for respondent.

ANDRIAS, J.P., SAXE and ABDUS-SALAAM, JJ., concur with MANZANET-DANIELS, J.; CATTERSON, J., dissents in a separate opinion.


OPINION OF THE COURT

MANZANET-DANIELS, J.

The motion court incorrectly interpreted our ruling in Fraser v 301-52 Townhouse Corp. (57 A.D.3d 416 [2008], appeal dismissed 12 N.Y.3d 847 [2009]), as setting forth a categorical rule requiring dismissal of plaintiff's toxic mold claim due to failure meet the standard of scientific...

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