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CIMATO BROS., INC. v. TOWN OF PENDLETON

254 A.D.2d 695 (1998)

677 N.Y.S.2d 923

Cimato Bros., Inc., Respondent, v. Town of Pendleton, Appellant, et al., Defendant. (Appeal No. 1.)

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

October 2, 1998

Order unanimously reversed on the law without costs and motion denied.

Memorandum:

Supreme Court erred in granting plaintiff's motion for summary judgment declaring unconstitutional that portion of the 1989 amendment to the Public Improvement Project Ordinance of defendant Town of Pendleton (Town) establishing a fee for the Town's cost of providing inspection services with respect to the construction of public improvements. In order to succeed on its motion...

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