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OKIE v. VILL. OF HAMBURG

196 A.D.2d 228 (1994)

Edmund A. Okie et al., Respondents, v. Village of Hamburg, Appellant, and Stratford Homes, Inc., Doing Business as Ryan Homes, Respondent

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

March 11, 1994

Attorney(s) appearing for the Case

Abbott, Tills & Knapp, Hamburg (Kenneth Knapp of counsel), for appellant.

Casey, Sanchez, Amigone & Kelleher, Buffalo (Arthur Baumeister, Jr., of counsel), for Edmund A. Okie and another, respondents.

Gibson, McAskill & Crosby, Buffalo (Jeffrey Sendziak of counsel), for Stratford Homes, Inc., respondent.

DENMAN, P. J., GREEN, CALLAHAN and DOERR, JJ., concur.

LAWTON, J.

Presented on this appeal is the question whether a municipality is liable for mistakenly issuing a building permit to construct a residence within the boundaries of a floodplain and for erroneously issuing a certificate of occupancy following construction. Supreme Court denied defendant Village of Hamburg's motion for summary judgment to dismiss the homeowners' complaint and codefendant builder's...

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