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KENCAR ASSOCIATES v. TOWN OF KENT

27 A.D.3d 423 (2006)

812 N.Y.S.2d 587

KENCAR ASSOCIATES, LLC, Appellant, v. TOWN OF KENT, Respondent.

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

March 7, 2006.

Ordered that the order is affirmed, with costs.

Upon granting subdivision approval to the plaintiff real estate developer, the defendant, Town of Kent, required the plaintiff to post a performance bond and pay a nonrefundable fee, consisting of four percent of the performance bond amount, to cover the costs of having the subdivision site inspected by the Town's engineer during construction. The plaintiff commenced this action for reimbursement of the inspection fee...

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