87:13-15, 31:3-132:20). Though the leaks lessened in frequency, the HVAC repairs did
not resolve them all. For example, an HVAC leak occurred in 2016 (5/7
969:25-970:8, 5/16 1434:16-1437:4). However, the Corporation remedied those
leaks, cleaned the water, and replaced the floor within approximately one week of
Plaintiff's complaint (5/7 972:6-973:3, 973:22-974:1; 5/16
1434:16-1437:4).
Plaintiff began, in late 2007, to see mold, "thick" and "fur"-like, present in various
areas of the apartment (4/20 37:1-6, 74:12-15). In October 2008, Plaintiff
commissioned environmental testing by Olmstead Environmental Services, Inc.
("Olmstead") and Microecologies, Inc. ("Microecologies"), which reported toxic mold
growth (4/20 142:10-13, 154:12-18, Pl Exhs 8-9, Defs Exh 5
¶ 6).
The Corporation hired American Fire Restoration, Inc. ("American Fire"), who
successfully remediated the mold condition (5/16 1396:23-1401:2 [Angrist];
Defs Exh 5 ¶¶ 6-7).[FN10]
After remediation, the Corporation hired Olmstead (who had conducted Plaintiff's initial
tests) to do additional testing on December 22, 2018 and, in response to Plaintiff's
additional [*5]complaints of mold, on June 16, 2009
(Pl Exh 10). Both reports indicated that remediation had been successful but
nevertheless recommended that the Apartment be rebuilt (Defs Exh 5
¶¶ 6-7, 5/7 930:16-20, Pl Exh 10).[FN11]
Upon receipt of the June 2009 report, and in light of the extensive issues with the
Apartment, the Corporation solicited proposals for reconstruction (5/16
1402:23-1403:3). On July 27, 2009, the Corporation's counsel emailed Plaintiff's
counsel,[FN12]
attaching a July 7, 2009 proposal from contractor Allcon, to request access to the
Apartment to begin work "immediately" (Defs Exhs 6,7; Pl Exh 15,