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Case Notes

By ALM Staff | Law Journal Newsletters |
August 25, 2009

Medical Monitoring

New York recognizes a separate claim for medical monitoring arising from mold-growth problems. Sorrentino v. ASN Roosevelt Center, LLC, 579 F. Supp. 2d 387 (E.D.N.Y. 2008)

Although New York State's highest court, the Court of Appeals, had never expressly recognized an independent cause of action for medical monitoring, the court noted that federal courts had determined that the New York Court of Appeals would recognize an independent cause of action for medical monitoring in cases involving exposure to toxic materials. The court held that the plaintiffs stated a rational basis for believing that they were exposed to a disease-causing agent and that there was a rational basis for plaintiffs' fear of contracting an exposure-related disease because mold caused by water infiltration was detected in and around the occupied spaces in the apartment complex and at least some of those exposed to the conditions at the apartment complex had developed exposure-related health conditions. The court held that the plaintiffs pleaded the elements necessary to state a claim under ' 349 because they alleged that: 1) defendants advertised their apartments and entered into lease agreements without disclosing water infiltration and mold-growth problems; and 2) plaintiffs suffered both financial and physical injury as a result of defendants' deceptive acts.

Medical Monitoring

New York recognizes a separate claim for medical monitoring arising from mold-growth problems. Sorrentino v. ASN Roosevelt Center, LLC , 579 F. Supp. 2d 387 (E.D.N.Y. 2008)

Although New York State's highest court, the Court of Appeals, had never expressly recognized an independent cause of action for medical monitoring, the court noted that federal courts had determined that the New York Court of Appeals would recognize an independent cause of action for medical monitoring in cases involving exposure to toxic materials. The court held that the plaintiffs stated a rational basis for believing that they were exposed to a disease-causing agent and that there was a rational basis for plaintiffs' fear of contracting an exposure-related disease because mold caused by water infiltration was detected in and around the occupied spaces in the apartment complex and at least some of those exposed to the conditions at the apartment complex had developed exposure-related health conditions. The court held that the plaintiffs pleaded the elements necessary to state a claim under ' 349 because they alleged that: 1) defendants advertised their apartments and entered into lease agreements without disclosing water infiltration and mold-growth problems; and 2) plaintiffs suffered both financial and physical injury as a result of defendants' deceptive acts.

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