Landlord Had Notice of Water Leaks Resulting in Mold

January 1, 2005

LVT Number: 17792

Former tenant sued landlord, claiming that her apartment had toxic mold resulting from water leaks. She said she was injured by exposure to the mold. Landlord claimed that it wasn't responsible for any claimed injury because it had no notice of the mold. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. The mold itself was in the air and so couldn't be seen. But landlord had notice of the water leaks that could cause mold. So a trial was required to determine whether landlord had notice of a possible toxic mold condition.

Former tenant sued landlord, claiming that her apartment had toxic mold resulting from water leaks. She said she was injured by exposure to the mold. Landlord claimed that it wasn't responsible for any claimed injury because it had no notice of the mold. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. The mold itself was in the air and so couldn't be seen. But landlord had notice of the water leaks that could cause mold. So a trial was required to determine whether landlord had notice of a possible toxic mold condition.

Litwack v. Plaza Realty Investors Inc.: NYLJ, 12/1/04, p. 23, col. 1 (Sup. Ct. NY; Shafer, J)

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