Knolls of Glen Head Owners Corp. v. City of Glen Cove

OPINION OF THE COURT

Daniel Palmiebi, J.

This motion by the defendant1 pursuant to CPLR 3212 for summary judgment, in effect, declaring that the plaintiff is obligated to pay a stated increase in sewer usage fees, and directing that such payments be made, is denied. Further, upon a search of the record, summary judgment is granted to the plaintiff to the limited extent set forth in this decision and order.

The essential facts of this action, challenging the propriety of proposed increases in the plaintiffs nonresident sewer charges by the defendant, are undisputed. The plaintiff Knolls of Glen…