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HILL v. MIDDLETON

146 Misc.2d 283 (1989)

John J. Hill et al., Plaintiffs, v. William S. Middleton et al., Defendants.

Supreme Court, Rensselaer County.

December 28, 1989

Attorney(s) appearing for the Case

Ainsworth, Sullivan, Tracy, Knauf, Warner & Ruslander for Town of Sand Lake and another, defendants. Doyle & Doyle for William S. Middleton, defendant. Millea & Millea for plaintiffs.

WILLIAM H. KENIRY, J.

Can a municipal corporation and its zoning inspector be responsible to a homeowner for the issuance of a certificate of occupancy for a new residence which later exhibits numerous construction defects and deficiencies? This issue is raised by the motion made by the defendants, Town of Sand Lake and Richard Tallman, seeking dismissal of the plaintiffs' complaint for failure to state a cause of action.

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