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Ridge Seneca Plaza, LLC v. BP Products North America Inc.

ELR Citation: 43 ELR 20244
Nos. No. 12-4754, (2d Cir., 10/29/2013)

The Second Circuit, in a summary order, affirmed a lower court decision dismissing a property owner's lawsuit against a nearby gas station operator for contaminating the owner's shopping plaza and against a cleanup contractor for failing to detect the contamination or warn of its potential existence. The owner raised no genuine issue of material fact concerning the gas station operator's responsibility for the contamination. And no privity of contract existed between the cleanup contractor and the property owner when the initial site assessment was conducted in 2000. Nor did the parties have a relationship so close as to approach that of privity. The owner didn't close on the property until February 2001, nine months after completion of the initial site assessment, and the contractor never knew of the plaza's pending formation. As such, the property owner was not a "known party" and its claims against the contractor necessarily fail.