Martin v. 159 West 80 Street Corp.

Order, Supreme Court, New York County (Diane Lebedeff, J.), entered on or about January 7, 2003, which denied defendants’ motion to dismiss the complaint pursuant to CPLR 3211, unanimously modified, on the law, so as to grant dismissal of plaintiff’s first cause of action, and as so modified, affirmed, without costs.

Plaintiff alleges that from 1993 to date, ongoing water leaks in her apartment, which defendants failed to resolve, continuously exposed her to toxic mold, fungi and other environmental conditions that have caused her to suffer respiratory, immunological and neurological problems…