In Fraser v. 301-52 Townhouse Corp., 57 AD3d 416 [1st Dept 2008] the Department upheld the trial court's preclusion, after a Frye hearing, of the opinion of Eckardt Johanning, M.D. that the plaintiffs sustained upper respiratory injuries, asthmatic symptoms, rash, and fatigue as a result of dampness that caused mold. (Fraser, 57 AD3d at 416-417; Fraser dissent, 57 AD3d at 421 [summarizing plaintiffs' injuries].) Dr. Johanning testified that these illnesses were caused by the Fraser plaintiffs' exposure to "excessive and atypical microbiological contamination." (Id. at 421 [dissent, summarizing expert's opinion].) Dr. Johanning, who is Board Certified in Occupational and Environmental Medicine/Preventive Medicine, is also plaintiff Cornell's expert. In upholding the preclusion of Dr. Johanning's opinion on general causation, the Appellate Division expressly held that the Fraser plaintiffs failed to carry their burden of demonstrating general acceptance within the relevant scientific community of the theory that mold caused the plaintiff's health problems. The Court found that while there is general agreement that indoor dampness and mold are "associated with" upper respiratory complaints, the epidemiological evidence of association was "not strong enough to constitute evidence of a causal relationship." (Fraser, 57 AD3d at 417.)