principles of substantive law (see CCA 1804, 1807). The Agreement established
plaintiff's and Garth's respective rights and responsibilities with respect to damage from
mold and mold remediation, provided that plaintiff would pay for mold remediation for
the personal property in the apartment, explicitly released Garth, and, as a third-party
beneficiary, Samson, from all claims "with respect to the Loss," and discharged them
from any present and future claims for damage "arising in conjunction with the Loss,
Personalty and Premises." In this circumstance, the Civil Court's inclusion in its award of
a component for mold remediation as against either defendant failed to render substantial
justice between the parties.
We reach no other issue.
Accordingly, the judgment is modified by vacating so much thereof as is against
defendant Samson Management, LLC and by dismissing so much of the action as is
asserted against it, and by reducing the amount of the judgment awarded against
defendant Garth Associates, LLC to the principal sum of $4,834.52.
TOUSSAINT, P.J., BUGGS and OTTLEY, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk
Decision Date: September 22, 2023