Landlord Didn't Challenge Bill on Time

February 1, 1994

LVT Number: 8564

Landlord sued the City of New York, claiming that its bill for water and sewer charges was excessive. The court dismissed landlord's case because it was brought too late, and landlord appealed. The appeals court again ruled against landlord. Landlord was billed in mid-1992 for water and sewer charges due on June 30 and Aug. 3 of that year. The receipt of the bill constituted a final and binding determination of the amount due. By law, landlord had four months to challenge the bill in court. Landlord didn't do so until April 1993, well past the four-month deadline.

Landlord sued the City of New York, claiming that its bill for water and sewer charges was excessive. The court dismissed landlord's case because it was brought too late, and landlord appealed. The appeals court again ruled against landlord. Landlord was billed in mid-1992 for water and sewer charges due on June 30 and Aug. 3 of that year. The receipt of the bill constituted a final and binding determination of the amount due. By law, landlord had four months to challenge the bill in court. Landlord didn't do so until April 1993, well past the four-month deadline.

45435 Realty Co. v. City of NY: NYLJ, p. 26, col. 5 (1/24/94) (App. Div. 1 Dept.; Sullivan, JP, Asch, Rubin, Nardelli, Williams, JJ)

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