apnea, mold growing in nose, sinusitis, rhinitis/rhinosinusitis, abscesses in neck/throat,
nosebleeds, asthma attacks, and nasal polypsosis.
The pre-trial evidentiary hearing was held in response to Defendants' motion pursuant to
Frye v United States (293 F 1013 [DC Cir 1923]) to preclude Plaintiff's experts from
testifying at trial that exposure to indoor mold caused Plaintiff's alleged illness. After the hearing,
this Court ruled that Plaintiff's experts, Dr. Irene Hanchett Grant, board-certified in internal
medicine and [*3]infectious diseases, and Dr. Theodore J.
Harrison, board-certified in otolaryngology, would be permitted to testify that exposure to indoor
mold of the type allegedly present in Mr. Rosati's apartment could cause the illness he alleges,
i.e., general causation, and that he "was exposed to sufficient levels of [mold] to cause
the illness" he alleges, i.e., specific causation. (See 36 Misc 3d 1214 [A], 2012
NY Slip Op 51315 [U] [Sup Ct, Kings County 2012] [quoting Parker v Mobil Oil Corp., 7 NY3d
434, 448 (2006)].)
Each of the parties has now moved for resolution of certain issues before jury selection and
trial. Plaintiff moves for "a unified trial of the issues of liability and damages, pursuant to 22
NYCRR 202.42" (see Motion for Unified Trial dated September ___, 2012); to admit
into evidence at trial documents marked at the evidentiary hearing; and to preclude "all
references to illegal drug use in plaintiff's medical records" (see Notice of Motion dated
September 14, 2012.) Defendants move to preclude the testimony of industrial hygienist Edward
Olmstead; to preclude certain testimony of Dr. Irene Grant; and to preclude "Notices of Violation
issued to the
defendants and any testimony thereof or mention of the same" (see Motion In