BEVELANDER v. TOWN OF ISLIP


10 A.D.2d 170 (1960)

William Bevelander, Respondent, v. Town of Islip et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 28, 1960.


Attorney(s) appearing for the Case

James V. Fallon for Shellfish, Inc., appellant.

George F. X. McInerney for Town of Islip, appellant.

No appearance for respondent.

NOLAN, P. J., BELDOCK, PETTE and BRENNAN, JJ., concur.


CHRIST, J.

This is a taxpayer's action brought pursuant to section 51 of the General Municipal Law. The question presented is whether the action is barred by the six-year Statute of Limitations contained in subdivision 2 of section 48 of the Civil Practice Act. The Special Term held that the action is not so barred, and we agree with that holding.

The complaint alleges that plaintiff is a taxpayer who...

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