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MATTER OF 333 E. 89 REALTY L. L. C. v. NEW YORK CITY WATER BOARD

272 A.D.2d 549 (2000)

708 N.Y.S.2d 155

In the Matter of 333 E. 89 REALTY L. L. C. et al., Respondents, v. NEW YORK CITY WATER BOARD et al., Appellants.

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

Decided May 22, 2000.

Ordered that the judgment is reversed, on the law, with costs, the determination of the New York City Water Board is confirmed, the petition is denied, and the proceeding is dismissed on the merits.

The annual water and sewer charges for the real property at issue averaged between $11,000 and $13,000. On January 3, 1996, Zabar's & Co., Inc., paid $35,053.90 for its own water and sewer charges, but entered the wrong account number on its check. The payment was...

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