Strober Wins Motion to Dismiss Toxic Mold Case

November 19, 2020 | General Liability

Eric Strober successfully represented the owner of a co-op who had sublet her apartment to the plaintiff, a physician who lived in the apartment for several years before moving out and claiming many physical injuries as a result of mold exposure. The co-op owner was not insured for this type of claim.

Strober moved for summary judgment, arguing that all of the symptoms the physician complained of manifested more than three years before she filed suit and were therefore time-barred under CPLR 214-c. The Supreme Court granted the motion to dismiss, accepting our arguments and proof that established that the various medical issues complained of were all documented more than three years before the suit was commenced. The plaintiff appealed the decision. Merril Biscone drafted the Respondent’s brief and argued the case at the Appellate Division.

By unanimous decision, the Court affirmed the dismissal of the case, thus concluding it in favor of our client, the co-op owner.

View Decision

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