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BON-AIR EST. v. BLDG. INSPECTOR, RAMAPO

31 A.D.2d 502 (1969)

In the Matter of Bon-Air Estates, Inc., Respondent, v. Building Inspector of the Town of Ramapo, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 7, 1969.

Attorney(s) appearing for the Case

Robert H. Freilich (Bernard E. Stanger of counsel), for appellant.

David Coral and Reuben Ortenberg for respondent.

CHRIST, Acting P. J., BRENNAN, MUNDER and MARTUSCELLO, JJ., concur.

RABIN, J.

The basic problem presented on this appeal is whether the Town of Ramapo had authority to enact the local legislation struck down by the Special Term (Local Laws, 1967, Nos. 4 and 5 of the Town of Ramapo), which legislation imposed upon builders of one- and two-family homes in Ramapo the obligations of (1) holding in escrow, until transfer of title to the purchaser, the contract down payment received...

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