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BLUEBIRD REALTY CORP. v. DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE CITY OF NEW YORK

300 A.D.2d 6 (2002)

749 N.Y.S.2d 875

BLUEBIRD REALTY CORP., Appellant, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE CITY OF NEW YORK, Respondent.

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

Decided December 3, 2002.

Petitioner's claim that respondent did not bill it annually for the outstanding water charges in dispute, and that such failure to bill relieved petitioner of its obligation to pay the charges, was improperly raised for the first time in the article 78 proceeding (see Matter of Rozmae Realty v State Div. of Hous. & Community Renewal, 160 A.D.2d 343, lv denied 76 N.Y.2d 712), and...

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