West 17th Street & Tenth Avenue Realty, LLC v. N.E.W. Corp.

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered August 19, 2016, which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint, and awarded defendant the down payment in this failed real estate transaction, unanimously affirmed, without costs.

The court properly found that defendant did not breach the contract by failing to disclose the presence of underground gas tanks on the property. In paragraph 4.13 of the contract, defendant guaranteed and warranted only that it had not generated, stored or disposed of hazardous materials and…