The alleged effects of mold on
human health has been addressed by New York’s highest court, the Court of
Appeals, on March 27, 2014 in Cornell
v. 360 W. 51st St. Realty, LLC.
The facts of the case were that Ms.
Cornell resided in an apartment from 1997 to 2003, after which time she vacated
the property due to alleged health issues allegedly caused by mold and dampness
in her apartment. She claimed to be dizzy, asthmatic and congested and was
unable to function or sleep properly while in the apartment.
51st Street Corporation opposed
her claim, arguing that Cornell was unable to prove a cause-effect relationship
between mold and disease. Relying on a clinical immunologist as an expert, 51st
Street Corporation demonstrated that the scientific community generally accepts
that mold can cause disease through specific channels; however, none of
Cornell’s symptoms can be directly linked to mold exposure.
In dismissing the complaint, the
Court held: “Studies that show an association between a damp and moldy indoor
environment and the medical conditions that [Plaintiff’s Expert] attributes to
Cornell’s exposure to mold…do not establish that the relevant scientific community
generally accepts that molds cause
these adverse health effects.”
Brokers, keep this case in mind as
you work with clients who have fears about the effects of mold on human health
when they refuse to enter a property claiming to smell mildew.
As the Court explained, mold
exposure is not established by the scientific community to create toxic
effects, except for cases of ingestion. It only is shown to cause an immune
response in allergic individuals.
