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WEAVING AROUND THE BRUSH

marist coll v chazen.jpgAfter it discovered petroleum leak contamination on its property, Marist College filed suit against Chazen Environmental Services for breach of contract and negligence, claiming the company had failed to conduct a "proper environmental assessment."

When Chazen tried to get Brush & Weaving Corp. (the prior property owner) into the lawsuit, the Dutchess County Supreme Court stopped that effort.

Since Chazen's liability to the College wasn't based upon a property damage theory, but rather upon negligence and breach of contract, the Appellate Division, Second Department, agreed that any misconduct by the former owner wasn't relevant to Marist's case against the enviromental services company, particularly since Brush & Weaving owed no legal duty to Chazen.

That was a Brush-off.

To view a copy of the Appellate Division's decision, please use this link: Marist Coll. v. Chazen Envtl. Servs, Inc.

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