Fraser v. 301-52 Townhouse Corp.

Mazzarelli, J.E, and Nardelli, J,

dissent in a memorandum by Mazzarelli, J.E, as follows: Plaintiffs allege that they suffered adverse health effects as a result of chronic water leaks into their cooperative apartment. The leaks began in 1996. In their *421bill of particulars plaintiffs asserted that, as a result of the leaks, damp conditions prevailed in the apartment and promoted the generation of “toxic mold, toxic fungi, [and] other microbial life.” They further claimed that the damp conditions caused them to suffer, among other things, repetitive upper respiratory infections, asthmatic…