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STEWART v. SCHEINERT

47 N.Y.2d 826 (1979)

John T. Stewart et al., Appellants, v. Joel L. Scheinert et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided May 31, 1979.

Attorney(s) appearing for the Case

David Mac Rae Wagner and Robert G. Natelson for appellants.

Marc L. Parris, County Attorney (Martin Hurwitz of counsel), for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG, concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Section 51 of the General Municipal Law provides for personal liability of public officials who commit illegal acts in their official capacities "by collusion or otherwise". We agree with the Appellate Division that under this statute personal liability arises only if the illegal acts were collusive...

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