MATTER OF PROPERTIES OF NEW YORK, INC. v. PLANNING BOARD OF THE TOWN OF STUYVESANT


35 A.D.3d 941 (2006)

825 N.Y.S.2d 575

In the Matter of PROPERTIES OF NEW YORK, INC., Appellant, v. PLANNING BOARD OF THE TOWN OF STUYVESANT et al., Respondents.

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

Decided December 7, 2006.


Rose, J.

Petitioner applied to respondents for approval of a real property subdivision and was informed that it must pay all fees incurred by respondents for the services of engineers and attorneys to review and assess the application. Petitioner paid the fees initially, but soon began to withhold payment and question the amounts charged. After being advised that the application would not proceed without payment in full, petitioner made the remaining payments under...

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