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SOUTHLAND TERRACE ASSOCIATES v. MELLON BANK, N.A.

No. 94 Civ. 7840 (LAK).

874 F.Supp. 69 (1995)

SOUTHLAND TERRACE ASSOCIATES, Plaintiff, v. MELLON BANK, N.A., Defendant.

United States District Court, S.D. New York.

January 17, 1995.

Attorney(s) appearing for the Case

Jeffrey Glen, Susan I. Robbins, Berwin Leighton, for plaintiff.

Donald F. Luke, Martin L. Seidel, Rogers & Wells, for defendant.

MEMORANDUM AND ORDER

KAPLAN, District Judge.

Plaintiff Southland Terrace Associates purchased a Louisville, Kentucky, shopping center (the "Center") from defendant Mellon Bank, N.A. in 1992. During negotiations to purchase the property, Mellon allegedly provided plaintiff with a report prepared by Diagnostic Environmental Inc. ("DEI") which purported to describe the extent of asbestos-containing material in the Center. Plaintiff now claims that the DEI report...

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