Jacques v. Richard

Plaintiff has instituted a “taxayer’s action” pursuant to section 51 of the General Municipal Law against the Town of Willsboro, two of its town officers, and four other defendants for damages and equitable relief arising out of certain alleged illegal and ultra vires acts.

Presently before the court is a motion by the defendants to dismiss the plaintiff’s action on the ground that the plaintiff lacks the legal capacity to maintain this action under section 51 of the General Municipal Law and that as a result the complaint fails to state any cause of action (CPLR 3211).

It is necessary to…