Kohilakis v. Harwood

In this taxpayers’ action, defendants seek a dismissal of the complaint on the ground that no bond or surety was served with the summons and complaint as provided by section 51 of the General Municipal Law. The plaintiffs cross-move for permission to file a bond nunc pro tune and. also for a temporary injunction enjoining the expenditure of funds by defendants.

Summarizing the allegations of the complaint and what can be gathered from the affidavits, it appears that in March, 1959, the defendant Town Board adopted a resolution authorizing the acquisition of certain property, the erection…