The defendant vendor moved for partial summary judgment to release a $100,000 holdback from the sale of a commercial property intended for a gas station.
The holdback was agreed upon at closing because the plaintiff purchaser's environmental consultant had concerns about the vendor's Phase II environmental report.
The court found no genuine issue for trial regarding the delivery of the report itself, as the vendor provided what was contracted for.
However, the court found a genuine issue for trial regarding the remedy for the vendor's breach of a separate condition precedent to satisfy the purchaser's consultant's concerns before the funds could be released.
The motion for summary judgment was dismissed.
