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INTERIOR v. HUNTINGTON

174 Misc.2d 308 (1997)

664 N.Y.S.2d 970

Interior by Mussa, Ltd., Appellant, v. Town of Huntington, Respondent

Supreme Court, Appellate Term, Second Department.

May 20, 1997

Attorney(s) appearing for the Case

Simon, Wasserman & Weinberg, Great Neck, for appellant. Lawrence W. Cregan, Town Attorney of Town of Huntington (Andrew J. Levitt of counsel), for respondent.

DiPAOLA, P. J., COLLINS and INGRASSIA, JJ., concur.

MEMORANDUM.

Order unanimously reversed without costs, motion denied and complaint reinstated.

Plaintiff commenced suit against defendant municipality seeking a refund of a building application fee in the sum of $9,461.

By way of verified complaint filed November 25, 1995, plaintiff alleged that on or about April 13, 1990, it filed an application with defendant seeking a building permit for a certain parcel...

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