Article 78 proceeding to determine validity of unpaid water and sewer charges assessed against real property by City of New York Department of Environment Protection dismissed. Petitioner objected to the water and sewer charges and subsequently entered into a settlement agreement with the City agency. After petitioner performed the settlement agreement by paying stipulated amounts, the City demanded payment of the balance of charges. Court held the Department of Environment Protection had no authority to enter into an accord and satisfaction of the charges.

Surrogate’s Court denied summary judgment dismissing executrix challenging no consideration conveyance of real property owned by decedent to respondent attorney in fact pursuant to a recorded power of attorney which specifically authorized gifts to the respondent.  Court held the fact the power of attorney was recorded and not revoked of record did not establish authority of respondent to gift property to herself. The premises was subsequently mortgaged by attorney in fact to co-respondent lender bank. The Court held if the lender bank did not have notice of the attorney’s alleged lack of authority to gift the premises to herself, any vacature of the conveyance would be subject to the mortgagee’s interest, as the mortgage was a bone fide encumbrancer for value.