Litwack v. Plaza Realty Investors, Inc.

Orders, Supreme Court, New York County (Marilyn Shafer, J.), entered April 26, 2005 and April 12, 2006, which, in an action for personal injuries allegedly caused by toxic mold in an apartment occupied by plaintiff and owned and managed by defendants, inter alia, granted defendants summary judgment dismissing the complaint, affirmed, without costs.

The motion court correctly held that defendants’ knowledge of a brown discoloration spot and surrounding wetness on a wall in the apartment, and of the small leak in the steam pipe behind the wall, did not, as a matter of law, constitute notice of…