Mechtold v. Tilford

In a taxpayer’s action under section 51 of the General Municipal Law, the plaintiff moves for a temporary injunction pending the trial of this action, to restrain the defendant builders from continuing with the construction of a private house in a development in Oyster Bay, and to restrain the defendant building inspector from issuing a certificate of occupancy for said house. The- defendant builders cross-move to dismiss the complaint for failure to state a cause of action.

The action is based upon alleged defective foundations and footings in said house, as a result of using so-called “…