893 BWAY LLC v. WARMAN ENTERPRISES

6421, 602292/08.

90 A.D.3d 578 (2011)

934 N.Y.S.2d 805

2011 NY Slip Op 9533

893 BWAY LLC, Appellant, v. WARMAN ENTERPRISES, Respondent.

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

Decided December 27, 2011.


In this action arising from a failed contract for the sale of real property, plaintiff purchaser alleges that it was entitled to cancel the contract based on a hazardous condition caused by defendant seller. Plaintiff claims that defendant removed underground oil tanks, after the execution of the contract, in violation of its contractual obligation to maintain the premises "as is" and in "their present condition." On its motion, defendant submitted a contractor's report which...

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