Legal Opinion
Yonkers Racing Corp. v. City of Yonkers
Appellate Division of the Supreme Court of the State of New York
Decided January 21, 2003PublishedCited by 5 opinions
1Opinion of the Court
—In an action to recover damages for overpayment of water usage and sewer charges, the defendant appeals from an order of the Supreme Court, Westchester County (Leavitt, J.), entered August 1, 2001, which denied its motion to dismiss the complaint as time-barred pursuant to CPLR 3211 (a) (5).
Ordered that the order is modified by deleting the provision thereof denying those branches of the motion which were to dismiss as time-barred those causes of action pertaining to water usage and sewer charges for the second half of the year 1989 through the year 1991, and substituting therefor a…
2Cases cited6 opinions
- Solnick v. WhalenNew York Court of Appeals · 1980
- New York City Health & Hospitals Corp. v. McBarnetteNew York Court of Appeals · 1994
- Hartnett v. New York City Transit AuthorityNew York Court of Appeals · 1995
- Densmore v. Altmar-Parish-Williamstown Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1999
- Hartnett v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
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3Cited by5 opinions
- Cloverleaf Realty of New York, Inc. v. Town of WawayandaAppellate Division of the Supreme Court of the State of New York · 2007
- St. John's Riverside Hospital Ex Rel. UtiliSave, LLC v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 2017
- NYCTL 1998-2 Trust v. T. Jan Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- NYCTL 1999-1 Trust v. StarkAppellate Division of the Supreme Court of the State of New York · 2005
- Smith v. Supreme CourtAppellate Division of the Supreme Court of the State of New York · 2005