McMILLEN v. BROWNE


40 Misc.2d 348 (1963)

Foster McMillen, as a Taxpayer of the City of New York, Plaintiff, v. Roger J. Browne, as the Commissioner of Purchase of the City of New York, et al., Defendants.

Supreme Court, Special Term, New York County.

July 18, 1963


Attorney(s) appearing for the Case

Leo A. Larkin, Corporation Counsel (Pauline K. Berger of counsel), for defendants. Cahill, Gordon, Reindel & Ohl (Jerome Doyle and Henry G. Bisgaier of counsel), for plaintiff.


THOMAS DICKENS, J.

Defendants' motion is to dismiss complaint pursuant to rule 106 of the Rules of Civil Practice on the ground that said complaint does not state facts sufficient to constitute a cause of action.

Taxpayer's complaint seeks judgment determining acts of the Commissioner of Purchase, City Comptroller and City Treasurer, in connection with effectuating the provisions of section 343-9.0 of...

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