Tenants' Claim for Injuries Due to Mold Dismissed

Tenants sued landlord claiming that exposure to mold in their apartment over a 20-year period caused them depression, anxiety, fibromyalgia, Lyme disease, and multiple sclerosis. The court ruled against tenants. In prior rent nonpayment proceedings, the cases were resolved in landlord's favor without any rent reductions. Landlord had attempted to gain access to address the condition on many occasions but was refused access by tenants. When landlord was permitted to enter via court order, it discovered that the walls and ceiling of the bathroom were covered in bubble wrap, a known source of moisture collection, leading to mold. One of the tenants already was receiving SSDI payments for depression, chronic pain, and suspected Lyme disease when she moved in. Neither of the tenants showed a reduction in symptoms after the mold was removed. Two doctors who testified for landlord found no link between mold and tenants' symptoms. Tenants' doctors claimed that there was a link, but neither showed any expertise in the area of mold infestation and the diseases it causes. Neither demonstrated any experience in this area beyond treating tenants. Since neither of tenant's doctors showed they were knowledgeable by reason of training, education, or experience, their testimony was excluded. Tenants therefore didn't establish that there was any direct cause of their conditions by mold in the apartment, and the case was dismissed.

Gallagher v. Ruradan Corp.: NYLJ No. 1202601215285, Index No. 102656/09 (Sup. Ct. NY; 5/10/13; York, J)