PBN Associates v. Xerox Corp.

OPINION OF THE COURT

William K. Nelson, J.

This is an action by a landlord to recover damages from a *207tenant who, it is alleged, accidentally leaked toxic waste into the soil causing a diminution in value to the leased property. Plaintiff seeks partial summary judgment on liability, alleging breach of lease in its first cause of action and waste to property in its second cause of action. Defendant filed a cross motion for summary judgment to dismiss both claims. Both parties submitted reply affirmations with supporting memoranda of law.

STATEMENT OF FACTS

On June 30, 1964, defendant Xerox…