Skip to main content

2012 NY Slip Op 51903

Citation
2012 NY Slip Op 51903
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed

Full Text

1,779 chars
-Affirmation in Opposition to Defendants' Motion to Preclude Dr. Grant

-Exhibits A-E

-Defendant's Brief Responsive to Plaintiff's In Limine Request for Trial Unification

-Affirmation in Opposition to Motion in Limine

Exhibits A-E

-Reply to Plaintiff's Motion for Unification of Trial and in Opposition to Defendants' Motion
for Bifurcation

-Reply Affirmation

-Reply Affirmation in Further Support of Defendants' Motion In Limine to Exclude
Violation Notices

Exhibit A

-Reply Affirmation in Further Support of Defendants' Motion In Limine to Exclude
Testiomony [sic] of Dr. Irene Grant

Exhibits A-F

-Reply Affirmation in Further Support of Defendants' Motion In Limine to Exclude
Testimony and Test Results of Ed Olmstead

Exhibits A-D

Plaintiff was represented by Natascia Ayers, Esq. and Michelle Holman, Esq. of Jaroslawicz
& Jaros, LLC. Defendants were represented by Arthur P. Xanthos, Esq. and Elizabeth L. Knapp,
Esq. of Gartner and Bloom, P.C.

Plaintiff John Rosati's Verified Complaint alleges that he "purchased" and resided in
apartment #4A in a building located at 2270 Plumb 1st Street, Brooklyn, owned by defendant
Brigham Park Co-Operative Apartments, Section #2, Inc. and managed by defendant Wentworth
Property Management, Inc.; and that "due to the defendants' recklessness, carelessness and
negligence, mold was caused to form in [his] apartment, as a result of which [he] suffered severe
and permanent personal injuries, as well as extensive property damage." (See Verified
Complaint ¶¶ 8-10.) Although Plaintiff's several bills of particulars allege
approximately 50 illnesses or symptoms, at a pre-trial evidentiary hearing Plaintiff specified his
injuries as chronic upper respiratory inflamation, bacterial infection, cough, obstructive sleep