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Urso v Albertson Water Dist. (2006 NY Slip Op 51747(U))
[*1]


Decided on September 19, 2006
District Court of Nassau County, Second District

SC 3092/06
Rose Urso, pro se Anthony J. La Marca, PC Sondra K. Pardes, J.
The plaintiff commenced this action to recover $959.76 in alleged water bill overpayments.
The plaintiff testified that she noticed that her water bills for the periods of 8/1/ 2005 to 11/1/ 2005 ($244.32) and 11/1/ 2005 to 2/ 1/ 2006 ($369.00) were substantially higher than the bills for the same periods of the prior years;8/1/2004 to 11/1/2004
file:///C|/Users/Peter/Desktop/NY/2/2006_51747.htm[4/21/2013 6:14:18 PM] Urso v Albertson Water Dist. (2006 NY Slip Op 51747(U))
($ 57.60) and 11/1/2004 to 2/1/2005 ($12.80). After she received the bill dated March 1, 2006 for the period 11/ 1/ 2005 to 2/ 1/ 2006, she called the Water District to report a problem. Water District employees arrived the next day to investigate the problem. They discovered a leak between the water meter and the plaintiff's house. The plaintiff had the leak repaired, at her expense on March 6, 2006. Her water bill for the period 2/ 1/ 2006 to 5/ 1/ 2006 was $345.84 in contrast with the bill for that period the prior year, $21.12.
The plaintiff asserts that the Water District should have noticed the discrepancy in the bill for August 1, 2005 to November 1, 2005 and alerted her to the problem. She seeks to recover the charges for the water that was lost due to the leak.
The defendant Water District submitted a certified copy of Sect 5-18 of the Ordinance of the Albertson Water District which provides in pertinent part:
Consumers must keep their own water pipes and fixtures
in good repair and protect them from frost at their own
expense.
The consumer is responsible for all water that passes
through the meter including that lost to leaks in their own
plumbing.
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Additionally, New York State Town law

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New York Law