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WHITE PLAINS v. CITY OF N.Y.

63 A.D.2d 396 (1978)

In the Matter of The City of White Plains, Respondent, v. City of New York et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 31, 1978

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Anthony Z. Scher, Stephen P. Kramer and L. Kevin Sheridan of counsel), for appellants.

Paul B. Bergins, Corporation Counsel (Paul S. Richmond of counsel), for respondent.

MOLLEN, P. J., HOPKINS and HAWKINS, JJ., concur.

TITONE, J.

In a proceeding pursuant to CPLR article 78 converted by Special Term into an action for money "had and received", the primary question on appeal is whether the City of New York (New York) was required to audit the claim of the City of White Plains (White Plains) for reimbursement of excess water charges, thereby tolling the six-year Statute of Limitations until the audit was performed.

THE...

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