Cornell v. 360 West 51st Street Realty, LLC, 939 N.Y.S.2d 434 (App. Div. 2012), the Court clarified Fraser and held that the scientific evidence in each case should be evaluated under the Frye test, thus opening the door to mold cases.
Although “a contractual obligation, standing alone, will generally not give rise to tort liability in favor of a third party” an exception exists where a contractor who undertakes to perform services pursuant to a contract negligently creates or exacerbates a dangerous condition.
In the Cornell case, Brenda Cornell’s respiratory illness resulted from mold released into the air after the landlord began removing debris from the basement as part of a renovation. Renovator’s disruption of an accumulation of years of spores and dust*
Causation is still difficult to prove, but it can be done.
*recognized causes of various respiratory problem
**supported by peer-review studies.
If you’re in California, you might want to give us a call and see about getting an assessment from Byebyemold.