Menu
  • Home
  • Case Pages
    • 2024 – 2025 Term
      • September Session
      • October Session
      • November Session
      • January Session
    • 2023 – 2024 Term
      • September Session
      • October Session
      • November Session
      • January Session
      • February Session
      • March Session
      • April Session
      • May Session
    • 2022 – 2023 Term
      • September Session
      • October Session
      • November Session
      • January Session
      • February Session
      • March Session
      • April Session
      • May Session
    • 2021 – 2022 Term
      • September Session
      • October Session
      • November Session
      • January Session
      • February Session
      • March Session
      • April Session
      • May Session
    • 2020 – 2021 Term
      • September Session
      • October Session
      • November Session
      • January Session
      • February Session
      • March Session
      • April / May Session
    • 2019 – 2020 Term
      • September Session
      • October Session
      • November Session
      • January Session
      • February Session
      • March Session
      • April / May Session
      • June Session
    • Pending Cases
      • All Pending Cases
      • Fully Briefed
      • Not Fully Briefed
  • Roundups & Interviews
    • Experts Roundups
      • The Chief Judge Vacancy
      • Matter of Harkenrider v. Hochul
      • The Mortgage Acceleration Cases
      • Doe v. Bloomberg LP
      • CNH Diversified v. Cleveland Unlimited
    • News Roundups
    • Interviews
      • Hon. Leslie Stein (NYCA)
      • Hon. Eugene Fahey (NYCA)
  • NYCA Stats
    • 2023-2024 Term
    • 2022-2023 Term
    • 2021-2022 Term
    • 2021-2022 Midterm
    • 2020-2021 Term
    • 2019-2020 Term
    • 2018-2019 Term
  • Jurisdictional Letters
    • Finality
    • Constitutional Question
    • Dissents
    • Statute’s Validity
    • Stipulated Judgment
    • Necessarily Affects
    • Miscellaneous
      • Aggrieved Party
  • Resources
    • How An Appeal Gets To The New York Court of Appeals
    • Court Decisions
      • NYCA Decisions
      • Lower Court Decisions
      • Second Circuit Decisions
    • Legislative Resources
      • NY Statutes
      • NY Session Laws
      • NYCRR
      • NY Register
    • Research Resources
      • NY Bill Jackets
        • Bill Jackets (1995-present)
        • About older bill jackets.
      • NY Constitutional History
      • NYCA Briefs and Records
        • NYCA Briefs (2013-present)
        • About older NYCA briefs.
      • Other Primary Resources
        • NYLawz
        • NY State Library
        • Hein NY Legal Research Library (sub)
    • Practice Resources
      • NYCA Practice Rules
      • NYCA Civil Practice Outline
      • Certified Questions Handbook
      • NY Citation Rules
    • News and Commentary
      • NY Law Journal (sub)
      • NY Appellate Digest
      • NY Court Watcher
      • The CPLR Blog
      • NY Appeals
      • NY Focus
  • About Us
    • Who We Are
    • Contact Us
TwentyEagle

Case Summary – Herkimer County Industrial Development Agency v. Village of Herkimer

Posted on 2019-04-032020-08-05

The question in this case is whether a municipality may recover damages directly from a property owner for unpaid water rents when the municipality has not contracted to provide water to the property owner.

The Herkimer County Industrial Development Authority (IDA) leased a facility to a corporation that later declared bankruptcy. At that point, the corporation had failed to pay two years of water bills to the Village of Herkimer. The Village sought to collect the unpaid funds from the IDA by asserting a tax lien. The IDA sought a declaratory judgment that the IDA’s tax-exempt status made the tax lien unlawful, and the Village counterclaimed for monetary damages in the amount of the unpaid water bills. In 2015, the Fourth Department agreed with the IDA that the tax lien was unlawful, but allowed the Village’s counterclaim to proceed.

The case reached the Fourth Department again in 2019, after Supreme Court granted the Village partial summary judgment, concluding that the IDA was liable for the unpaid water bills. A divided court affirmed that judgment, rejecting the IDA’s argument that it could not be liable for the water bills merely because it lacked a water contract with the Village. The majority relied on case law holding that a property owner consents to its tenant’s use of a municipality’s water supply when that owner installs water pipes in a building, or knows that water pipes are installed and fails to shut them off. According to the court, that was the situation in this case.

Two judges dissented. In their view, under the common law, which had not been abrogated through regulation or statute, a plaintiff could not “recover a personal judgment for a debt against a party with whom it was not in privity, i.e., a party with whom it did not contract.” And here, the dissenters pointed out, the Village lacked a contract with the IDA.

The Fourth Department granted leave to appeal to the Court of Appeals.

Return to the case page for Herkimer County Industrial Development Agency v. Village of Herkimer.

©2025 TwentyEagle | WordPress Theme by Superbthemes.com