GORDON v. ROL REALTY COMPANY

157456/13. 3962. 3961.

150 A.D.3d 466 (2017)

2017 NY Slip Op 03851

55 N.Y.S.3d 165

MARK ROBERT GORDON, Appellant, v. ROL REALTY COMPANY et al., Respondents.

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

Decided May 11, 2017.


The motion court erred in dismissing plaintiff's claim for personal injury due to toxic mold. Plaintiff sufficiently pleaded that, after August 2010 (within three years of commencing this action), he suffered from "new" symptoms and injuries, including, among other things, eczema and significant fungal growth on his tongue and throat. Accordingly, defendants failed to make a prima facie showing that this claim is time-barred (Benn v Benn, 82 A.D.3d...

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