Dunbar v. City of New York

Headnote

Dunbar v. City of New York, 177 App. Div. 647 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 24, 1917, unanimously affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term in an ' action to cancel a lien for water charges against property of the plaintiff. Plaintiff contended that the charge was not a valid lien against her property for the following reasons: First. The water was not consumed by the plaintiff, but by a tenant then in possession, for whose debts plaintiff was in nowise responsible. Second. That

the water was furnished without the knowledge, consent or approval of the plaintiff. Third. That the sections 473 and 475 of the charter making the charge for the use of water measured by meter a lien upon the property are in violation of the rights of the plaintiff under the Fourteenth Amendment of section 1 of the Constitution of the United States of America, and deprived the plaintiff of her property without due process of law.