Water Board Needn't Restore Credit to Landlord

June 30, 2000

LVT Number: 14259

Landlord was billed $12,000 for water and sewer charges in 1995. A commercial tenant in the building paid its own charges of $35,000, but this amount was mistakenly credited to landlord's account. The water board later discovered its mistake and revoked the credit. Landlord appealed to the court and asked that the credit be restored. The court ruled for landlord, and the water board appealed. The appeals court ruled for the water board. The water board was entitled to correct its mistake, and landlord could easily have determined that there was an error.

Landlord was billed $12,000 for water and sewer charges in 1995. A commercial tenant in the building paid its own charges of $35,000, but this amount was mistakenly credited to landlord's account. The water board later discovered its mistake and revoked the credit. Landlord appealed to the court and asked that the credit be restored. The court ruled for landlord, and the water board appealed. The appeals court ruled for the water board. The water board was entitled to correct its mistake, and landlord could easily have determined that there was an error.

333 E. 89 Realty LLC v. NYC Water Board: NYLJ, 6/1/00, p. 35, col. 2 (App. Div.2 Dept.; O'Brien, JP, Santucci, Thompson, Feuerstein, JJ)

Topics

More like this