Hill v. Giuliani

—Order, Supreme Court, New York County (Jane Solomon, J.), entered on or about July 24, 1997, which, to the extent appealed as limited by plaintiffs’ brief, denied plaintiffs’ motion for leave to amend the complaint to add a claim under General Municipal Law § 51, unanimously affirmed, without costs.

A taxpayer action pursuant to General Municipal Law § 51 against a public official does not lie unless the official conduct complained of, in addition to being illegal, involves fraud, collusion, or personal gain (see, Duffy v Longo, 207 AD2d 860, 865, appeal dismissed 86 NY2d 779; Beresford Apts.…