North River Mews and Alcoa argue over alleged waiver of cleanup claims and fradulent concealment of tanks

摘要

North River Mews Associates and 38 COAH Associates challenged on Nov. 2 Alcoa Inc.'s argument that a 1977 Environmental Indemnity Agreement expressly waived their contractual entitlement to cleanup costs for the former Alcoa property at 660 River Road in Edgwater, Bergen County, including cleanup for PCBs in two underground tanks discovered after the sale. (See issue of Oct. 15,2015 P. 13.) Alcoa seeks summmary judgment dismissing claims pursuant to CERCLA and the New Jersey Spill Act, state common law tort claims, and claims arising from contracts with Alcoa. Plaintiffs North River and 38 COAH contend they must be allowed to conduct discovery with respect to fraudulent concealment of the tanks.