Re: Court dismisses $30M Airmont 'mold suit'

[Guest guest]

Wonder why the case was dismissed?

--- In , " tigerpaw2c " <tigerpaw2c@...>

wrote:

>

> Court dismisses $30M Airmont 'mold suit'

> By DAVID SCHEPP

> THE JOURNAL NEWS

> NY

>

> http://www.thejournalnews.com/apps/pbcs.dll/article?

> AID=/20061018/NEWS03/610180347/1019/NEWS03

>

>

> (Original publication: October 18, 2006)

>

>

>

> NEW CITY - A state Supreme Court judge has dismissed a $30 million

> lawsuit brought by newlyweds against several parties involved in

the

> purchase of an Airmont house later determined to be infested with

> mold, according to court filings.

>

> Optometrist Ira Clement, who along with his wife, , bought the

> home nearly three years ago, expressed shock at the outcome when

> reached by phone yesterday at his Suffern office.

>

> " I don't believe it, " he said. " We were sold a $430,000 lemon that

> is worthless now. "

>

> Clement said he hadn't heard of the judge's decisions, which was to

> dismiss all claims against each defendant in the lawsuit.

>

> " This is definitely an appeal, " said H. Appel, the Clements'

> attorney.

>

> The Clements bought the green, two-level home in November 2003 as a

> wedding gift to themselves, according to the lawsuit filed in

> February. They immediately began seeing signs of a problem that

> later was determined to be mold infestation.

>

> The suit further claimed that exposure to the mold led to chronic

> health problems, which, Ira Clement said yesterday, continue to

this

> day.

>

> The house remains uninhabitable, he said, and the couple still

lives

> in a Suffern apartment unsure of what to do next.

>

> The Clements' experience is an example of " buyer beware, " said real

> estate attorney Zelmanow, one of seven defendants named in

the

> suit.

>

> Ira Clement's decision to purchase the home was driven more by

> emotion than due diligence, Zelmanow said.

>

> " Anything that was there was there before the closing, " he said.

>

> The home's previous owners and Shovlin, whose last

> known addresses were in Grosse Pointe, Mich., and Freehold, N.J.,

> respectively, couldn't be reached yesterday for comment.

>

> Delaney of Delaney Realty Corp. in Suffern said she always

> believed the sale had been properly executed.

>

> " Obviously the claim had no merit, and the court agreed with us, "

> said Delaney, who helped the Clements find the home.

>

> " The plaintiffs had a shotgun approach and tried to basically sue

> everybody tangentially involved, " said White Plains-based attorney

> Canter, who represented Arcenio Pena, chief executive at FTF

> Inspection Corp., a property-inspection business.

>

> He hoped his client's reputation hadn't been aversely affected by

> the lawsuit, Canter said. " It was baseless to begin with. "

>

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