GREEN v. IRWIN


174 A.D.2d 879 (1991)

Mary A. Green et al., Appellants, v. Michael C. Irwin, Doing Business as L M & K Construction Company, et al., Defendants, and Town of Poughkeepsie, Respondent

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

June 13, 1991


Mikoll, J.

The primary questions presented on this appeal are (1) whether the building permit application submitted by plaintiffs' contractor contained such blatant and patent violations of defendant Town of Poughkeepsie's building and zoning laws and regulations as to create a duty upon the Town not to issue the building permit, and (2) whether Supreme Court erred in denying plaintiffs' motion to amend the complaint to assert a new claim because the...

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