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.