Solow Bldg. Co. v. ATC Assocs.
Citation: 35 ELR 20197
No. No. 01-CV-0612, (E.D.N.Y., 09/28/2005) dismissed
A court dismisses a building owner's request for a declaratory judgment entitling it to indemnification for any damages or penalties it may be obligated to pay arising from asbestos violations that occurred during asbestos abatement work at its property. The owner claimed that the abatement company's actions created a "practical and probable likelihood that injuries will arise" and that the company's liability "will be triggered." Although the owner is correct that a declaratory judgment action can be ripe despite the fact that not every fact is currently known, here there is no underlying lawsuit, no threat of a suit, and no indication that anyone was even injured. Therefore, any ruling based on a hypothetical future claimant is premature.
[A prior decision in this litigation is published at 32 ELR 20379.]