Kencar Associates, LLC v. Town of Kent
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action for reimbursement of a fee paid for an engineering inspection as a condition of subdivision approval, the plaintiff appeals from an order of the Supreme Court, Putnam County (O’Rourke, J.), entered January 10, 2005, which denied its motion for summary judgment.
Ordered that the order is affirmed, with costs.
Upon granting subdivision approval to the plaintiff real estate developer, the defendant, Town of Kent, required the plaintiff to post a performance bond and pay a nonrefundable fee, consisting of four percent of the performance bond amount, to cover the costs of having the…
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