New York Court of Appeals

Allison C. Collard v. Incorporated Village of Flower Hill

May 7, 198152 N.Y.2d 594

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the village board is not compelled to grant consent for alterations under a conditional zoning covenant lacking an "unreasonable withholding" provision, and that an allegation of arbitrary and capricious action is not equivalent to a breach of an implied covenant of good faith.