A divided state appeals panel has ruled that personal injury claims against a landlord for exposure to mold and other toxins are not categorically barred by an earlier decision, reversing a lower court.
The 3-2 panel of the Appellate Division, First Department, ruled on March 6 in Cornell v. 360 West 51st Street Corp., 113104/04, that Supreme Court Justice Marcy S. Friedman (See Profile) had interpreted its 2008 decision in Fraser v. 301-52 Townhouse Corp., 57 AD3d 416, too broadly when she dismissed a midtown Manhattan tenant’s lawsuit against her former landlord.
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