Legal Opinion
Mesivta of Forest Hills Institute, Inc. v. City of New York
New York Court of Appeals
Decided March 23, 1983PublishedCited by 47 opinions
1Opinion of the Court
*1016OPINION OF THE COURT
Memorandum.
The judgment appealed from and the order of the Appellate Division brought up for review should be reversed, with costs, and judgment granted declaring that the action of the Board of Education of the City of New York to reacquire and remodel a former school building was valid.
It is well established that a taxpayer action pursuant to section 51 of the General Municipal Law lies “only when the acts complained of are fraudulent, or a waste of public property in the sense that they represent a use of public property or funds for entirely illegal purposes” (Kaskel v…
2Cases cited4 opinions
- Kaskel v. ImpellitteriNew York Court of Appeals · 1953
- Talcott v. . City of BuffaloNew York Court of Appeals · 1891
- Gaynor v. RockefellerNew York Court of Appeals · 1965
- Stahl Soap Corp. v. City of New YorkNew York Court of Appeals · 1959
3Cited by47 opinions
- Godfrey v. SpanoNew York Court of Appeals · 2009
- Korn v. GulottaNew York Court of Appeals · 1988
- Davis v. DinkinsAppellate Division of the Supreme Court of the State of New York · 1994
- Resnick v. Town of CanaanAppellate Division of the Supreme Court of the State of New York · 2007
- Long Island Pine Barrens Society, Inc. v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2014
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