Video Aid Corp. v. Town of Wallkill

Concededly and no longer at issue in this case, the $27,000 water sewer tap-in fee paid by Video Aid Corp. to the appellant Town to secure a building permit was unconstitutional, as declared by Supreme Court. The sole issue that divides this Court is whether the Appellate Division order directing the Town to make reimbursement is erroneous. We think it is not.

The Appellate Division applied this Court’s calibrated, fact-specific analysis (see, City of Rochester v Chiarella, 58 NY2d 316, 323-324), and concluded, in affirming Supreme Court, that the payment was made under legal duress (203 AD2d…