Connelly v. City of Elmira

The plaintiff, a taxpayer of the city of Elmira, brings this action under section 51 of the General Municipal Law. He seeks to enjoin the city and members of its board of public works from entering into and/or carrying out a contract for the sale of certain merchandise to said city by the defendant Standard Oil Company and to require the purchase thereof by the city from the Mexican Petroleum Corporation, a lower bidder. The defendants, other than the Standard Oil Company, move to dismiss the complaint on the ground that it does not allege facts sufficient to constitute a cause of action.

What…