Opinion
June 6, 1994
Appeal from the Supreme Court, Suffolk County (Gowan, J.).
Ordered that the judgment is affirmed, with costs.
This action is by three school districts in Suffolk County for money had and received by the defendant Town of Islip based upon the town's failure to disburse collected school tax moneys at the times required by Suffolk County Tax Act § 13 (a) and § 14 (L 1920, ch 311, as amended). In Board of Educ. v. Rettaliata ( 78 N.Y.2d 128), the Court of Appeals determined, with reference to the instant action and 10 related actions by other school districts, that a school district may maintain a cause of action for money had and received to recover the unpaid accumulated interest on school tax moneys not withstanding prior acceptance of the principal sums on which that interest became due.
Contrary to the defendants' contentions, the causes of action of the plaintiffs for money had and received have a six-year Statute of Limitations (see, Matter of First Natl. City Bank v City of New York Fin. Admin., 36 N.Y.2d 87; Cohen v. City Co., 283 N.Y. 112; Moore v. Richmond Hill Sav. Bank, 117 A.D.2d 27), and therefore were not time-barred.
The defendants' remaining contentions are without merit (see, Board of Educ. v. Rettaliata, 192 A.D.2d 569). Thompson, J.P., Rosenblatt, Pizzuto and Florio, JJ., concur.