Spadanuta v. Incorporated Village of Rockville Centre

In a taxpayer’s action pursuant to statute (General Municipal Law, § 51), in which only the fourth cause of action now survives (the first three having been previously dismissed — see 33 Misc 2d 499, revd. 16 A D 2d 966, affd. 12 N Y 2d 895), such fourth cause of action seeking to compel the defendant Lister to refund to the defendant village the sum of $4,300 which it paid to him in 1956 for certain land that it purchased from him by private sale during his tenure of office as Mayor of said village; and in which the defendants Lister and the village, as a complete defense to such fourth…