By WILL ASTOR
Rochester Business Journal
A Pittsford dentist and his wife who sued Spall Realty Corp. over a mold infestation in their $400,000 Spall-built home have won their case.
After hearing arguments in a trial before state Supreme Court Justice Evelyn Frazee last week, a jury on Monday awarded Neil and Patti Goldstein $183,393, finding Spall Realty and the Spall-aligned company that built the home, Brookwood Building Corp., were to blame for a basement mold infestation.
Spall Realty principal Theodore Spall Jr. could not immediately be reached for comment.
The jurors did not side with the couple in a complaint against Weyerhaeuser Co., the manufacturer of the floor joists where the infestation started.
“We are very happy with the jury’s verdict, although we also thought that Weyerhaeuser should have been found liable,” the couple’s lawyer, Stephen Schwarz, of Faraci Lange LLP, said in a statement.
In a 2007 court complaint, the Goldsteins blamed Spall’s workers for mishandling the pre-made joists and for improperly installing gutters and drainage in their home. The joists were taken out their sealed plastic wrappers and left on wet ground, allowing mold to grow, the couple claimed. And after their home in the Settlers Green development was finished, its overly damp basement created ideal conditions for mold spores to proliferate.
Frustrated with the builder’s unwillingness to fix the problems, the couple sued the Spall companies roughly a year after mold started to grow in their basement, Schwartz said in a previous interview.
“It has been a long hard road and Spall has fought us each step of the way, forcing us to remediate the property ourselves and then sue them to get our money back,” Patti Goldstein said in a statement this week. “It will be great to get on with our lives and put this horrible experience behind us.”
Damages the couple won include approximately $132,000 in compensation for money they laid out to fix the drainage and mold problems and replace moldy exercise equipment. The jury also gave the Goldsteins $12,500 apiece for pain and suffering. Statutory interest added some $29,000 to the award.
Pittsford couple suing builder over mold in home – Brookwood Building Corp – a company under Spall Realty Corp and Washington D.C. based Weyerhaeuser Company
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disabled veteran and family,taken by former home owners,realators,and also home inspector,that the realtor,recomended to me.anyway i had purchased a house last year,on september 23,2009, never had my final walk through, at closing the realtor,former home owners never showed up,this is when i had asked the lady doing the closing where are the realator,former home owners at, she just told me that she did not understand why noone showed up except the realtor that the home was listed through,which this was not the realtor whom allthe paper work was done,also on the day that i had a appointment with,never showed and the secretary,said that she could not make it,and she said that aimee the agent that was selling me this home,so rudly the secretary said that i had bank papers etc. to sign,and was throwing papers at me sign here date here inital etc. never once was any respose to the secretary,as per what i was signing, and she come back with,you will have to ask amiee. i have severe mental depression,and several issues with mental health with my va doctor, and other service connected disabilities, the day off closing i was given one house key,and a automatic garage door opener, and many times asking the realtor that i had several issues,that i had asked her to get a hold of the former home owners,and there was always excuses etc. the first day my ,moter brother had opened the door,and this is when it all started,the first thing we smelt,and almost passed out due to the black toxic mold,i started to cry and went into a panic attac, and could not understand,well that same day of closing there was a welding,company doing some repairs in the basement,with the insulation was put on upside down,and no one would leave me in the house, because i would not have ever bought this home,family members have had documents from there doctors to stay away,because of the health risks that we allbeen having, i also have documents to stay out,spent all my money on this house,and can not afford to move out,yes i had a enviormentalist i paid for along with local news from my area interviewing the testing,yes it was positive. still paying monthly payments,and also my homeowners has cancelled,the insurance, and the morgage people was notified,shortly after and said that they would take care of the insurance,now they said they will purchase insurance and i would pay top dollar along with my house payment, nobody has any answers,government,local agencies,etc. please help us everyday that we are in here takes one day of our lives,so hard to breath,have all kinds of inhalers,medicineetc. everyday is worse trying to breath and all the health symtoms that are related with the black toxic mold, please if ther is anybody out there,that can help us to get out before its to late, thank you kindly richard hofer sr.