MATTER OF 184 KENT AVENUE ASSOCIATES v. MIELE, SR.


271 A.D.2d 611 (2000)

706 N.Y.S.2d 166

In the Matter of 184 KENT AVENUE ASSOCIATES, Appellant, v. JOHN A. MIELE, SR., as New York City Commissioner of the Department of Environmental Protection, et al., Respondents.

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

Decided April 17, 2000.


Ordered that the judgment is affirmed, with costs.

The petitioner asserts that, between February 12, 1985, and May 8, 1997, it paid certain charges specified as "sewer rent", even though its building received no sewer service. The petition alleges that it was not until September 2, 1997, that the parties discovered that, in fact, sewer services had not been provided. On or about November 3, 1997, the New York City Department of Environmental Protection reimbursed...

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