CHELNIK v. WAGNER


2 Misc.2d 29 (1955)

Charles Chelnik et al., Plaintiffs, v. Robert F. Wagner et al., Individually and as Mayor of the City of New York, et al., Defendants.

Supreme Court, Special Term, New York County.

December 6, 1955.


Attorney(s) appearing for the Case

William J. Corcoran for plaintiffs.

Peter Campbell Brown, Corporation Counsel (Harry E. O'Donnell, Benjamin Offner and Milton H. Harris of counsel), for defendants.


EDER, J.

Several owners of property included in a school site selected by the board of estimate have brought a taxpayers' action against all the members of the board, the budget director, and the City of New York, demanding that the resolution authorizing condemnation of said site be rescinded and the condemnation enjoined. Defendants' motion to dismiss pursuant to rule 106 of the Rules of Civil Practice on the...

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