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ANTHONY GRACE & SONS, INC. v. CITY OF NEW YORK ENVTL. PROT. ADMIN., DEP'T OF WATER RES., BUREAU OF WATER REGISTER

72 A.D.2d 735 (1979)

Anthony Grace & Sons, Inc., Appellant, v. City of New York Environmental Protection Administration, Department of Water Resources, Bureau of Water Register, et al., Respondents, et al., Defendant

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

November 5, 1979

Order affirmed, with costs.

While we agree with the Appellate Term that the city was authorized to collect the water charges at issue herein, we would add, however, that there must be an affirmance on an alternate ground. The record establishes that the plaintiff did, as a matter of fact, use and consume water for construction purposes totally separate and apart from the mixing of concrete (e.g., for the "grooving" of the...

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