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Real Property Law
Failure to Disclose Gas Tanks Does Not Constitute Contract Breach
West 17th Street and Tenth Avenue Realty, LLC v. The N.E.W. Corp.
NYLJ 11/20/17, p. 19, col. 5
AppDiv, First Dept.
(memorandum opinion)
In contract vendee's breach of contract action, contract vendee appealed from Supreme Court's award of summary judgment to seller. The Appellate Division affirmed, holding that failure to disclose underground gas tanks did not constitute a breach of the sale contract.
By the terms of the sale contract, seller warranted 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. In a rider to the sale contract, seller disclaimed any warranties or representations regarding environmental conditions, and contract vendee acknowledged that it was relying on its own expertise and was purchasing the property “as is, where is.” When contract vendee discovered underground gas tanks on the property, contract vendee sought return of its down payment. Supreme Court awarded summary judgment to seller, allowing seller to retain the down payment.
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