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YORKTOWN HOMES v. CO. OF WESTCHESTER

7 N.Y.2d 321 (1960)

Yorktown Homes, Inc., Appellant, v. County of Westchester et al., Respondents.

Court of Appeals of the State of New York.

Decided January 21, 1960.

Attorney(s) appearing for the Case

Irwin M. Taylor and Shephard S. Miller for appellant.

Harry G. Herman, County Attorney (Arthur T. Connick of counsel), for respondents.

Judges DYE, FULD and BURKE concur with Chief Judge DESMOND; Judge FOSTER dissents in an opinion in which Judges FROESSEL and VAN VOORHIS concur.

DESMOND, CH. J.

Plaintiff, a builder and seller of homes in Westchester County, brought this suit against the County Health Department to recover back $10,000 which plaintiff had deposited with the department as a guarantee of performance of plaintiff's December, 1955 agreement with the department to do certain remedial work in connection with surface water drainage and as a guarantee of the septic tank installations...

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