Cubas v. Clifton & Classon Apt. Corp

In Cubas v. Clifton & Classon Apt. Corp., 82 AD3d 695, 917 N.Y.S.2d 320 [2d Dept 2011], without describing the defendants' prima facie showing that was found sufficient, the court held that the plaintiff had failed to raise a triable issue. The plaintiff's experts "failed to utilize objective standards to show that the toxic mold to which the plaintiff and the decedent were allegedly exposed was capable of causing their injuries or that their exposure to the toxic mold was the actual cause of their illnesses and symptoms." (See id. at 696.)