Wilmerding v. La Guardia

This is a taxpayer’s action wherein a judgment is sought declaring invalid certain appropriations contained in the budget of the city of New York for the year 1944-45. An injunction is also sought to restrain defendants from expending any part of said appropriation.

The complaint is based on the alleged illegality and resulting municipal waste in connection with an item in the budget referred to as code item ‘ ‘ 98-900 — Unallocated Appropriations.” Under this code is found a line schedule reading: .

“ 952 Motor Vehicle Equipment, Repair Parts,

Special Machinery, Unforeseen Expenditures and…