Andrello v. Dulan

This is an action by the plaintiffs as Councilmen and taxpayers of the City of Utica, New York seeking a declaratory judgment determining that Ordinance No. 399 of the City of Utica passed July 10, 1965 is illegal and void, and requesting the issuance of an injunction restraining the defendants from purchasing the assets of the Utica Transit Corporation. The amended complaint also set forth a cause of *19action alleging waste of public property pursuant to section 22 of the Second Class Cities Law. During the course of trial, on motion of defendants, these allegations of waste and the testimony…