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JENAD, INC. v. VILL. OF SCARSDALE

18 N.Y.2d 78 (1966)

Jenad, Inc., Respondent, v. Village of Scarsdale et al., Appellants.

Court of Appeals of the State of New York.

Decided July 7, 1966.

Attorney(s) appearing for the Case

Richard A. Tilden for appellants.

Robert K. Ruskin for respondent.

John T. DeGraff and Frank J. Lasch for New York State Home Builders Association, Inc., amicus curiæ.

Judges FULD, BERGAN and KEATING concur with Chief Judge DESMOND; Judge VAN VOORHIS dissents and votes to affirm in an opinion in which Judges BURKE and SCILEPPI concur.

Chief Judge DESMOND.

The Village of Scarsdale, pursuant to statute (Village Law, § 179-k), has given its Planning Commission the authority to approve proposed plats for subdividing lands in the village. On this appeal the principal question of law, answered in the negative by the Appellate Division, is this: was it valid for the village to authorize its planning board to require, as a condition precedent...

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