Legal Opinion
Umbra U.S.A., Inc. v. Niagara Frontier Transportation Authority
Appellate Division of the Supreme Court of the State of New York
Decided June 18, 1999PublishedCited by 5 opinions
1Opinion of the Court
—Order unanimously affirmed with costs. Memorandum: Defendant contends that Supreme Court erred in denying its cross motion for summary judgment dismissing the second amended complaint. Specifically, it asserts that the “as is” clause in the contract and the “rider to contract of sale” allocated to plaintiff the environmental risks associated with the property. We disagree.
On August 6, 1990, plaintiff entered into a contract with defendant pursuant to which plaintiff or its assignee was entitled to purchase property located at 1705-1755 Broadway in Buffalo, New York. Defendant used the…
2Cases cited8 opinions
- Olin Corp. v. Consolidated Aluminum Corp.Court of Appeals for the Second Circuit · 1993
- Southland Corp. v. Ashland Oil, Inc.District Court, D. New Jersey · 1988
- Niagara Frontier Transportation Authority v. Tri-Delta Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1985
- Niecko v. Emro Marketing Co.District Court, E.D. Michigan · 1991
- M & M REALTY CO. v. Eberton Terminal Corp.District Court, M.D. Pennsylvania · 1997
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3Cited by5 opinions
- Buffalo Color Corp. v. AlliedSignal, Inc.District Court, W.D. New York · 2001
- Marist College v. Chazen Environmental Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Seligson v. RussoAppellate Division of the Supreme Court of the State of New York · 2012
- Mason v. CaruanaAppellate Division of the Supreme Court of the State of New York · 2019
- Murphy v. CWR Mfg. of Cent. N.Y., LLCAppellate Division of the Supreme Court of the State of New York · 2020