Emerson Plastronics, Inc. v. City of New York

This action for a declaratory judgment was submitted to me on an agreed statement of facts to determine the liability of the plaintiffs for water meter charges levied and paid by them to the defendant, the City of New York.

The complaint sounds in equity and is addressed to the alleged patent unfairness inherent in requiring the plaintiffs to pay for thousands of gallons of water which passed through and registered on the water meter of the leased premises, but were nevertheless unused by them. The facts briefly stated are as follows:

The plaintiff, Emerson Plastronics, Inc., leased a building…