Urso v Albertson Water Dist.

[*1] Urso v Albertson Water Dist. 2006 NY Slip Op 51747(U) [13 Misc 3d 1209(A)] Decided on September 19, 2006 District Court Of Nassau County, Second District Pardes, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected in part through October 16, 2006; it will not be published in the printed Official Reports.

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

Rose Urso, Plaintiff

against

Albertson Water District, Defendant.



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

($ 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.

[*2]

Additionally, New York State Town law §198[3](a) provides that

"(s)upply pipes connecting with district mains shall be installed and repaired at the property owner's expense...."

The Court finds that the plaintiff was responsible for the maintenance of the pipe running from her house to the water meter. The plaintiff acknowledged that the water meter functioned properly and the water passed through the water meter before it escaped through the leak in the pipe.

Accordingly, based on the above the court awards judgment in favor of the defendant dismissing the claim.

So Ordered:

________________________

DISTRICT COURT JUDGE

Dated: September 19, 2006

CC: