L. X. CORP. v. CITY OF NEW YORK


201 Misc. 400 (1952)

L. X. Corporation, Plaintiff, v. City of New York, Defendant.

Supreme Court, Special Term, New York County.

March 14, 1952.


Attorney(s) appearing for the Case

Denis M. Hurley, Corporation Counsel (W. Bernard Richland and Pauline K. Berger of counsel), for defendant.

Alexander E. Rosenthal and Mordecai Dancis for plaintiff.


WALTER, J.

The owner of a multiple dwelling, which is connected with New York City's sewer system and thus makes use of the services of such system, brings this action to recover back a sewer rent of $94.50 which was assessed against it under New York City Local Laws Nos. 67 and 102 of 1950, and which it says it paid under protest. Defendant moves to dismiss the complaint as insufficient and for summary judgment in its favor.

The asserted ground...

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