Town of Mamaroneck v. Westchester Joint Water Works No. 1

236 N.E.2d 489, 21 N.Y.2d 873, 289 N.Y.S.2d 215, 1968 N.Y. LEXIS 1559

• Court: New York Court of Appeals
• Decided: February 29, 1968
• Status: Published

Opinion

Order affirmed, without costs, in the following memorandum: Neither by the covenant to which it was not a party nor by any applicable statute or rule of law did the Town become obligated to pay for the construction of the water main (see Soundview Woods v. Town of Mamaroneck, 14 Misc 2d 866, 871, affd. 9 A D 2d 789; Town Law, § 198, subd. 3; L. 1927, ch. 654, § 15, as amd. by L. 1937, ch. 885; L. 1927, ch. 654, § 18, subd. 6, as last amd. by L. 1945, ch. 338). No other question is reached.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.