Appeal by defendant from a small claims judgment of the District Court, Nassau County (K. Gartner, J.), entered on August 16, 2002, awarding plaintiff the principal sum of $896.68.

Judgment unanimously reversed without costs and action dismissed.

Plaintiff instituted suit to recover the sum of $896.68 for overcharges on his metered water bills from 1996 to 2001. At trial, defendant established that the meter reading was correct based upon several water flow test results. The evidence adduced at trial also established that there was a leak in plaintiff's toilet which was fixed in March 2001. A strong presumption exists in favor of the accuracy of the water meter reading (Pabst Brewing Co. v Oakley, 115 App Div 215; Healy v City of New York, 90 App Div 170). Absent strong evidence establishing that through fraud, mistake or by accident the meter reading was erroneous, the charges for water consumption should not be disturbed (Pabst Brewing Co., 115 App Div at 217). In our opinion, plaintiff's evidence failed to establish that the meter reading was incorrect. Consequently, the judgment must be reversed and the action dismissed.
Decision Date: November 21, 2003