Spain, J.
Defendant sold plaintiff a parcel of real property located at 125 N. Fulton Street in the City of Ithaca, Tompkins County. The March 1999 contract of sale referenced a phase I environmental site assessment (hereinafter ESA) of the property. Completed in December 1998, the ESA identified the possibility that an underground fuel tank was located on the southeast portion of the property, near the end of a then-existing concrete driveway. With this potential...
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