Metz v. Incorporated Village

OPINION OF THE COURT

Arthur D. Spatt, J.

This motion by the defendants for an order granting summary judgment to the defendants dismissing the complaint based upon the affirmative defense of the Statute of Limitations (CPLR 217) is determined as set forth below.

This is an action by plaintiffs, owners of real property within the Village of Hempstead, for a declaratory judgment that the water rate structure passed by the Board of Trustees of the Village of Hempstead on October 16,1976, is void and ineffective and to restrain its enforcement. The action was commenced on September 6, 1977. The…