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DESERNIO v. ARDELEAN

2018-03049. Index No. 12119/15.

188 A.D.3d 992 (2020)

136 N.Y.S.3d 390

2020 NY Slip Op 06750

John S. Desernio, Respondent, v. Todor Ardelean et al., Defendants, and Cloverdale at Howard Beach Condominium III, Appellant.

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

Decided November 18, 2020.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to recover damages for personal injuries he allegedly sustained from exposure to toxic mold while a tenant in a condominium unit located within the defendant condominium, Cloverdale at Howard Beach Condominium III (hereinafter Cloverdale). The plaintiff lived in the unit from April 2012 through July 2015, pursuant to a three-year rental agreement with the unit's owners, the defendants...

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