MATTER OF ESHINA REALTY CORP. v. NEW YORK CITY WATER BD.


63 A.D.3d 519 (2009)

880 N.Y.S.2d 476

In the Matter of ESHINA REALTY CORP., Respondent, v. NEW YORK CITY WATER BOARD et al., Appellants.

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

Decided June 16, 2009.


We reject respondents' argument that a single, one-time surcharge was imposed on July, 1, 2000 that continued to accrue annually until such time as petitioner installed a water meter, and that petitioner's challenge thereto, which was not made until after July 1, 2004, is barred by a four-year administrative statute of limitations. The challenged assessments should be viewed as separate and discrete where they were separately imposed in and based on petitioner's annual...

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