Video Aid Corp. v. Town of Wallkill

85 N.Y.2d 663 (1995)

651 N.E.2d 886

628 N.Y.S.2d 18

Video Aid Corp. et al., Respondents,

v.

Town of Wallkill, Appellant.

Court of Appeals of the State of New York.

Argued March 29, 1995

Decided May 11, 1995.

Monte J. Rosenstein, Middletown, for appellant.

Burt J. Blustein, Middletown, for respondents.

Chief Judge KAYE and Judges SIMONS and SMITH concur with Judge CIPARICK; Judge BELLACOSA dissents and votes to affirm in a separate opinion in which Judges TITONE and LEVINE concur.

CIPARICK, J.

Plaintiffs remitted $27,000 to defendant in satisfaction of sewer and water tap-in fees due in conjunction with…