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THOMPSON THIRD CO. v. NYC

279 A.D.2d 108 (2000)

718 N.Y.S.2d 306

PERRY THOMPSON THIRD CO., Appellant, v. CITY OF NEW YORK et al., Respondents.

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

December 19, 2000.

Attorney(s) appearing for the Case

Joseph Gaier of counsel, New York City (Mark L. Koren on the brief; Joseph Gaier, P. C., attorney), for appellant.

Dona B. Morris of counsel, New York City (Francis F. Caputo and Dina Mastellone on the brief; Michael D. Hess, Corporation Counsel of New York City, attorney), for respondents.

ELLERIN, WALLACH, SAXE and BUCKLEY, JJ., concur.

OPINION OF THE COURT

NARDELLI, J. P.

In this appeal, we are presented with the question of whether respondent the New York City Water Board exceeded its authority in adopting a resolution which, in effect, circumscribed a prior two-year back-billing limitation for unbilled water and sewer services.

The Parties

Plaintiff-petitioner-appellant Perry Thompson Third Co. consists of a number of trusts and estates doing business as partners and...

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