Fox Meadow Estates, Inc. v. Livingston

The proceeding was begun by the usual petition and order to show cause for either a peremptory or an alternative order. The defendant, by his answering affidavits, raised an issue whereupon the usual procedure was taken, viz., *23an alternative order was issued and the defendant made a return thereto. The return denies the allegations of the petition, that the defendant’s refusal is arbitrary, unreasonable, discriminatory and unlawful and denies .that it is in violation of the Constitution of the State of New York and of the United States. The allegation in regard to the building code, which is…