Novartis Pollution
Guest
Novartis Pollution
Guest
$18 million Novartis sale stalls amid lawsuit
Robert Brum 11:14 a.m. ET Feb. 24, 2017
SUFFERN - A firm poised to purchase the vacant Novartis campus for $18 million has filed a lawsuit claiming the deal has been stymied by pharmaceutical company's refusal to allow aggressive environmental testing.
A lawsuit filed Feb. 10 in state Supreme Court in New City by RS Old Mill LLC is seeking to force the Swiss drugmaker to allow the testing or return its $2.5 million deposit. The suit also seeks to prohibit Novartis from seeking other buyers.
Court papers identify RS Old Mill as “a foreign limited liability company" formed under Delaware state law, and which is now located in Mahwah, New Jersey. The complaint is signed by Yehuda Salamon, who is listed as the firm's manager.
RS Old Mill, which was formed to acquire the Novartis property, has filed for Chapter 11 protection, according to Douglas Pick, its bankruptcy attorney. That did not prevent it from obtaining outside funding to make the purchase, he said.
RS Old Mill wants to move its unspecified operations — identified as "a small group of family owned companies" —from Mahwah to the site of the former Novartis manufacturing plant at 25 Old Mill Road and claims the companies may be forced to close if it can't relocate, losing 80 jobs.
The lawsuit contains no mention of what RS Old Mill wants to do with the property. Modifying the building for a different purpose would be costly and anything besides an industrial use would require a zone change.
Novartis and RS Old Mill entered into a sale agreement on Nov. 28 for the property, which is mostly in Suffern but extends into Montebello, according to the lawsuit. The agreement contained a due-diligence period during which the buyer had the right to perform inspections and "invasive" tests on the property to make sure there were no environmental issues.
When the buyer inspected the premises and reviewed documents, “critical" environmental concerns were revealed warranting investigation, according to the lawsuit. The site once produced tablets, capsules, vials and inhalation products.
The issues cited in court papers include underground petroleum storage tanks, past reported petroleum spills, former drum burial and solid waste disposal areas. Other concerns include a stormwater detention pond that has “potential significant contamination” from acetone, possible undetected contamination of other wells, and vapor issues from chlorinated solvents and other hazardous materials.
Legoland amusement parks; and Intercos, an Italian cosmetics company with offices in Congers and West Nyack, expressed interest but subsequently backed out.
Robert Brum 11:14 a.m. ET Feb. 24, 2017
SUFFERN - A firm poised to purchase the vacant Novartis campus for $18 million has filed a lawsuit claiming the deal has been stymied by pharmaceutical company's refusal to allow aggressive environmental testing.
A lawsuit filed Feb. 10 in state Supreme Court in New City by RS Old Mill LLC is seeking to force the Swiss drugmaker to allow the testing or return its $2.5 million deposit. The suit also seeks to prohibit Novartis from seeking other buyers.
Court papers identify RS Old Mill as “a foreign limited liability company" formed under Delaware state law, and which is now located in Mahwah, New Jersey. The complaint is signed by Yehuda Salamon, who is listed as the firm's manager.
RS Old Mill, which was formed to acquire the Novartis property, has filed for Chapter 11 protection, according to Douglas Pick, its bankruptcy attorney. That did not prevent it from obtaining outside funding to make the purchase, he said.
RS Old Mill wants to move its unspecified operations — identified as "a small group of family owned companies" —from Mahwah to the site of the former Novartis manufacturing plant at 25 Old Mill Road and claims the companies may be forced to close if it can't relocate, losing 80 jobs.
The lawsuit contains no mention of what RS Old Mill wants to do with the property. Modifying the building for a different purpose would be costly and anything besides an industrial use would require a zone change.
Novartis and RS Old Mill entered into a sale agreement on Nov. 28 for the property, which is mostly in Suffern but extends into Montebello, according to the lawsuit. The agreement contained a due-diligence period during which the buyer had the right to perform inspections and "invasive" tests on the property to make sure there were no environmental issues.
When the buyer inspected the premises and reviewed documents, “critical" environmental concerns were revealed warranting investigation, according to the lawsuit. The site once produced tablets, capsules, vials and inhalation products.
The issues cited in court papers include underground petroleum storage tanks, past reported petroleum spills, former drum burial and solid waste disposal areas. Other concerns include a stormwater detention pond that has “potential significant contamination” from acetone, possible undetected contamination of other wells, and vapor issues from chlorinated solvents and other hazardous materials.
Legoland amusement parks; and Intercos, an Italian cosmetics company with offices in Congers and West Nyack, expressed interest but subsequently backed out.