Appellate Division of the Supreme Court of New York, 1979

Peare v. Suffolk County Sewer Agency

Peare v. Suffolk County Sewer Agency
Appellate Division of the Supreme Court of New York · Decided February 20, 1979 · Cohalan
67 A.D.2d 967; 413 N.Y.S.2d 889; 1979 N.Y. App. Div. LEXIS 10755
Peare v. Suffolk County Sewer Agency

Opinion of the Court

— In an action, inter alia, (1) to declare invalid the exaction of deposits towards future sewer assessments and (2) for monetary relief, defendants appeal from an order, of the Supreme Court, Suffolk County, entered October 18, 1977, which granted class action certification. Order affirmed, with $50 costs and disbursements (see Ammon v Suffolk County, 67 AD2d 959). Titone, J. P., Rabin, Gulotta and Shapiro, JJ., concur.

Dissenting Opinion

Cohalan, J.

dissents and votes to reverse the order and deny class action certification (see dissenting mem of Mr. Justice Cohalan in Ammon v Suffolk County, 67 AD2d 959).

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