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Schwep v. Town Board of Clarkstown

Appellate Division of the Supreme Court of New York, Second Department
Oct 6, 1997
243 A.D.2d 459 (N.Y. App. Div. 1997)

Opinion

October 6, 1997

Appeal from the Supreme Court, Rockland County (Miller, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court correctly dismissed the complaint because the plaintiffs failed to state a cause of action under General Municipal Law § 51 ( see, CPLR 3211 [a][7]). The plaintiffs did not establish that the official acts complained of were corrupt, fraudulent, done in bad faith, or constituted a waste of public property in the sense that they represented the use of such property for entirely illegal purposes, or that the defendants totally lacked the power, under the law, to do the acts complained of ( see, Stahl Soap Corp. v. City of New York, 5 N.Y.2d 200, 204).

The plaintiffs' remaining contentions lack merit.

Miller, J.P., Ritter, Santucci and Florio, JJ., concur.


Summaries of

Schwep v. Town Board of Clarkstown

Appellate Division of the Supreme Court of New York, Second Department
Oct 6, 1997
243 A.D.2d 459 (N.Y. App. Div. 1997)
Case details for

Schwep v. Town Board of Clarkstown

Case Details

Full title:CHARLES SCHWEP et al., Appellants, v. TOWN BOARD OF THE TOWN OF CLARKSTOWN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 6, 1997

Citations

243 A.D.2d 459 (N.Y. App. Div. 1997)

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