JACQUES v. RICHARD


74 Misc.2d 965 (1973)

Arthur Jacques, Plaintiff, v. Alexander Richard, Jr., et al., Defendants.

Supreme Court, Essex County.

July 26, 1973


Attorney(s) appearing for the Case

Livingston L. Hatch for plaintiff. Ryan & Lahtinen for Alexander Richard, Jr., and another, defendants. John T. Snell for Carl Garvey and another, defendants. Stafford & Purcell for Yvon Dalbec and another, defendants. John T. Manning for Town of Willsboro, defendant.


HAROLD R. SODEN, J.

Plaintiff has instituted a "taxayer's action" pursuant to section 51 of the General Municipal Law against the Town of Willsboro, two of its town officers, and four other defendants for damages and equitable relief arising out of certain alleged illegal and ultra vires acts.

Presently before the court is a motion by the defendants to dismiss the plaintiff's action on the ground that the plaintiff lacks the legal capacity...

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