DENIHAN OWNERSHIP COMPANY, LLC v. COMMERCE AND INDUSTRY INSURANCE COMPANY


37 A.D.3d 314 (2007)

830 N.Y.S.2d 128

DENIHAN OWNERSHIP COMPANY, LLC, Appellant, v. COMMERCE AND INDUSTRY INSURANCE COMPANY, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 20, 2007.


Plaintiff is the former owner of several parcels of low-rise commercial property housing such businesses as a parking garage, an automobile repair shop and a dry cleaner. Aware that before these properties could be sold to a developer, a cleanup of soil contamination, underground tanks and asbestos would have to be undertaken, plaintiff retained AKRF, an environmental consulting firm, to perform assessments in order to identify potential hazards. AKRF conducted environmental...

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