City of White Plains v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Titone, J.
In a proceeding pursuant to CPLR article 78 converted by Special Term into an action for money "had and received”, the primary question on appeal is whether the City of New York (New York) was required to audit the claim of the City of White Plains (White Plains) for reimbursement of excess water charges, thereby tolling the six-year Statute of Limitations until the audit was performed.
THE FACTS
Since 1922, White Plains has purchased water from New York. Rates are fixed by agreement, or, if there is no agreement, by the New York State Department of Environmental…
2Cases cited11 opinions
- City of New York v. StateNew York Court of Appeals · 1976
- People Ex Rel. Myers v. . BarnesNew York Court of Appeals · 1889
- People Ex Rel. Brown v. . B'd of Apportionm't.New York Court of Appeals · 1873
- Acme Builders, Inc. v. County of NassauNew York Court of Appeals · 1972
- Acme Builders, Inc. v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1971
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- Grumman Flxible Corp. v. City of Long BeachDistrict Court, E.D. New York · 1980
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