Alizio v. City of New York

OPINION OF THE COURT

Harold Baer, Jr., J.

In this CPLR article 78 proceeding, petitioners make the unusual, perhaps unheard of claim that the City of New York performed a municipal function with excessive speed. Petitioners challenge an assessment for sidewalk repairs. Respondents (hereinafter the City) seek to dismiss on Statute of Limitations grounds and counterclaim for the cost of the repairs.

Petitioners claim that on or about August 3, 1988, they received a notice to repair sidewalk with respect to certain premises. The notice, dated June 27, 1988, was delivered to a superintendent at the…