184 Kent Avenue Associates v. Miele

—In a proceeding pursuant to CPLR article 78 to compel the respondents to refund certain sewer charges, the petitioner appeals from a judgment of the Supreme Court, Kings County (Kramer, J.), dated February 5, 1999, which, denied the petition and dismissed the proceeding as time-barred.

Ordered that the judgment is affirmed, with costs.

The petitioner asserts that, between February 12, 1985, and May 8, 1997, it paid certain charges specified as “sewer rent”, even though its building received no sewer service. The petition alleges that it was not until September 2, 1997, that the parties…