Kinkead v. Village of Round Lake

Appeal from a judgment of the Supreme Court (Brown, J.), entered February 27, 1992 in Saratoga County, upon a decision of the court in favor of defendant.

Plaintiffs are owners of real property located in the Village of Round Lake, Saratoga County. The property was improved with a house, which was in poor condition, and, at the time this action was commenced, had been uninhabited for several years. Defendant, however, continued to charge plaintiffs wa*906ter and sewer rents. Plaintiffs paid these bills annually until 1990, when they requested a refund of fees they had paid. Upon defendant’s denial…