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BUYER OF PROPERTY WAS UNABLE TO RAISE A QUESTION OF FACT WHETHER SELLER WAS AWARE OF UNDERGROUND GAS TANKS ON THE PROPERTY (FIRST DEPT).

The First Department determined the seller of the property demonstrated it could not be held liable for the underground gas tanks found on the property. The purchase and sale contract indicated only that the seller was not aware of any underground fuel tanks:

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The court properly found that defendant did not breach the contract by failing to disclose the presence of underground gas tanks on the property. …[D]efendant guaranteed and warranted only that it had not generated, stored or disposed of hazardous materials and had no knowledge of the previous presence of such materials on the property. Plaintiff failed to present evidence sufficient to raise a triable issue of fact as to whether defendant was responsible for the presence of the gas tanks or had any knowledge of it. The former owner of the property and a managing member of defendant testified that he was unaware of the presence of the gas tanks.

In addition, … defendant disclaimed and [did not make] any warranties or representations concerning environmental conditions. Plaintiff acknowledged that it was relying solely on its own expertise and consultants in this regard, and was purchasing the property “as is, where is” … . West 17th St. & Tenth Ave. Realty, LLC v N.E.W. Corp., 2017 NY Slip Op 08088, First Dept 11-16-17

 

REAL ESTATE (BUYER OF PROPERTY WAS UNABLE TO RAISE A QUESTION OF FACT WHETHER SELLER WAS AWARE OF UNDERGROUND GAS TANKS ON THE PROPERTY (FIRST DEPT))/CONTRACT LAW (REAL ESTATE, (BUYER OF PROPERTY WAS UNABLE TO RAISE A QUESTION OF FACT WHETHER SELLER WAS AWARE OF UNDERGROUND GAS TANKS ON THE PROPERTY (FIRST DEPT))/ENVIRONMENTAL LAW (REAL ESTATE, BUYER OF PROPERTY WAS UNABLE TO RAISE A QUESTION OF FACT WHETHER SELLER WAS AWARE OF UNDERGROUND GAS TANKS ON THE PROPERTY (FIRST DEPT))/UNDERGROUND GAS TANKS (REAL ESTATE, BUYER OF PROPERTY WAS UNABLE TO RAISE A QUESTION OF FACT WHETHER SELLER WAS AWARE OF UNDERGROUND GAS TANKS ON THE PROPERTY (FIRST DEPT))

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