MARK LINDKVIST, plf-res, v. TRAVELERS INSURANCE, def, MAXONS RESTORATIONS, INC. defap

11019. MARK LINDKVIST, plf-res, v. TRAVELERS INSURANCE, def, MAXONS RESTORATIONS, INC. defap — MAXONS RESTORATIONS, INC., Third-Party plf-ap, v. JLC ENVIRONMENTAL CONSULTANTS, INC., Third-Party def-ap — NEW CONCEPT ENVIRONMENTAL CLEANING CORP., Second Third-Party plf-ap, v. JLC ENVIRONMENTAL CONSULTANTS INC., Second Third-Party def-ap — Babchik & Young, LLP, White Plains (Ephraim J. Fink of counsel), for Maxons Restorations, Inc., ap — Ahmuty, Demers & McManus, Albertson (Glenn A. Kaminska of counsel), for New Concept Environmental Cleaning Corp., ap — Goldberg Segalla LLP, Garden City (Brendan T. Fitzpatrick of counsel), for JLC Environmental Consultants, Inc., ap — Lewis & Fiore, New York (Charles G. Fiore of counsel), for res — Order, Supreme Court, New York County (Barbara Jaffe, J.), entered February 15, 2013, which denied JLC Environmental Consultants, Inc.’s motion and Maxons Restorations, Inc.’s and New Concept Environmental Cleaning Corp.’s cross motions in limine for the preclusion of plaintiff’s experts’ testimony, unanimously modified, on the law, to preclude plaintiff’s experts from testifying as to a causal connection between plaintiff’s alleged mold exposure and his injuries, and, upon such preclusion, plaintiff’s personal injury claim dismissed, and otherwise affirmed, without costs.

In this action, plaintiff seeks, inter alia, recovery for personal injuries and property damage sustained as a result of mold remediation work performed by Maxons Restorations, Inc., New Concept Environmental Cleaning Corp. and JLC Environmental Consultants, Inc. to address a condition that existed in his apartment after it was flooded.