The lessee of a former Ardsley gas station property has sued Getty Realty Corp. for $3 million for allegedly failing to clean up petroleum contamination.
Thornwood Four Corners, of South Salem, accused Getty of creating a nuisance, in a lawsuit filed on Aug. 25 in Westchester Supreme Court.
Thornwood claims it cannot begin operating a gas station at 657 Sawmill River Road until Getty has “fully remediated” the property.
The property has been owned by The Thorpe-McCartney Family Limited Partnership since 1956 and has been leased to several companies, the complaint states. Getty operated the gas station, directly or indirectly, from 1990 to 2001.
Thornwood signed a 20-year lease in 2016, according to the complaint signed by company member Haifa Eljamal.
Thornwood says it discovered contaminated soil and groundwater when it began redeveloping the property, and it learned that at least 17 petroleum spills had been reported to the state Department of Environmental Conservation.
Thornwood installed a new underground petroleum storage system to replace a system the previous operator had removed, the complaint states, but Thornwood never stored petroleum products on the property.
The state directed Thornwood to remove the new underground storage system and demolish the gas station, “to facilitate the environmental investigation and remediation of the site.”
The work revealed more contamination, which Thornwood attributes to previous gas station operators, including Getty.
The site has not been fully restored yet, according to the complaint, and Thornwood cannot begin operating a gas station until the state Department of Environmental Conservation is satisfied with the cleanup. Thornwood also says it has been unable to get permits and licenses from the Town of Greenburgh and Village of Ardsley to build and operate a gas station.
Thornwood says the project has cost more than $3 million so far, including lost profits, legal fees, and non-cleanup expenses such as insurance.
It is asking the court to order Getty to immediately restore the property, “fully abate the nuisance,” and pay Thornwood at least $3 million in direct and indirect costs.
Getty did not reply to a message asking for its side of the story.
