Marotta v. Lattingtown Harbor Development Co.

This is an action for a mandatory injunction to compel defendant to execute, in writing, its approval of certain plans for the construction of a one-family house submitted by plaintiffs, and for damages flowing from the alleged arbitrary refusal to so do.

Concededly, the plans met all necessary requirements and complied with the building code and in fact the village issued a building permit, but defendant refused to approve the plans upon the sole ground that plaintiffs were indebted to it in the sum of $1,600.78 for a water main assessment and has counterclaimed against plaintiffs in that…