Sunbeach Real Estate Development Corp. v. Town of East Hampton

In an action by the plaintiff, a real estate development corporation, for a refund of a subdivision review fee, the plaintiff appeals from so much of an order of the Supreme Court, Suffolk County (McCarthy, J.), entered April 12, 1989, as denied those branches of its motion which were for summary judgment in its favor and to dismiss, inter alia, the defendant’s fifth and sixth affirmative defenses, and the defendant cross-appeals from so much of the same order as granted that branch of the plaintiff’s motion which was to dismiss the second and fourth affirmative defenses.

Ordered that the…