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BAKER v. MARLEY

8 N.Y.2d 365 (1960)

Lawrence A. Baker et al., Appellants, v. Stephen L. Marley et al., Respondents.

Court of Appeals of the State of New York.

Decided November 30, 1960.

Attorney(s) appearing for the Case

Edward R. Neaher for appellants.

Douglas E. Dayton and Richard B. Lillich for respondents.

Chief Judge DESMOND and Judges DYE, FULD, FROESSEL and FOSTER concur with Judge BURKE; Judge VAN VOORHIS dissents in a separate opinion.

BURKE, J.

The defendant Marley, Mayor of the Village of East Hampton, Long Island, participated in meetings of the Board of Trustees which adopted resolutions leading to the condemnation of various parcels of real property, including one owned by the Mayor and others.

The plaintiffs' complaint, filed in an action brought under the provisions of section 51 of the General Municipal Law to have the resolutions...

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