Kingston Associates, Inc. v. LaGuardia

This is a taxpayer’s action, pursuant to section 51 of the General Municipal Law, to restrain the comptroller of the city of New York from paying any money to the defendant Fiorello H. LaGuardia as salary for the office of mayor of the city of New York. A motion by the plaintiff for an injunction during the pendency of the action and a cross-motion by the defendants to dismiss the complaint for failure to state' a good cause of action are presented to the court for determination.

The ground of plaintiff’s motion is that defendant LaGuardia, by accepting a Federal office during his term as…