Ridge Seneca Plaza, LLC v. BP Products North America
United States District Court for the Western District of New York
820 F. Supp. 2d 461 (2011)
- Written by Eric Miller, JD
Facts
Sylvan Enterprise Corp. (Sylvan) entered an agreement to purchase property from First Allied Shopping Center, L.P. (First Allied) (defendant) in 2000. Sylvan’s rights in the contract were assigned to Ridge Seneca Plaza, LLC (Ridge Seneca) (plaintiff), which had the same owner. The purchase agreement stipulated that the property was being sold “as is” and “with all faults.” The agreement further provided that the buyer waived any right to claims arising from environmental contamination of the property, whether known or unknown, though the buyer was given an inspection period during which to conduct environmental tests. The purchase closed in 2001. A few years later, Ridge Seneca discovered that the property was contaminated with petroleum from an adjacent gasoline station. Ridge Seneca brought an action against First Allied and related parties (defendants), arguing that First Allied was in breach of a duty to disclose all material information regarding the property’s condition, including a 1997 environmental report disclosing a tank failure at the gas station. First Allied moved for summary judgment.
Rule of Law
Issue
Holding and Reasoning (Siragusa, J.)
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