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MTR. OF PLOSS v. BD. OF ASSESSORS

17 Misc.2d 283 (1959)

In the Matter of Edith R. Ploss et al., as Representatives of the Property Owners Affected by List No. 8000 — Storm and Sanitary Sewers Utopia Parkway, Borough of Queens, Petitioners, v. Board of Assessors of the City of New York et al., Respondents.

Supreme Court, Special Term, Queens County.

March 13, 1959.

Attorney(s) appearing for the Case

Leon L. Ploss for petitioners.

Charles H. Tenney, Corporation Counsel (Harry E. O'Donnell and Milton H. Harris of counsel), for respondents.

JOHN F. SCILEPPI, J.

Application for an order reviewing an assessment levied on petitioners' property for the construction of a storm sewer.

The sewer was completed on or about August 18, 1952. The assessment was levied on or about December 15, 1958. Petitioners contend that since the assessment was levied more than six years after the completion of the improvement, it is barred by the Statute of Limitations.

Subdivision 3 of section 306...

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