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  5. 58 N.Y.2d 1014 (1983)
 

MESIVTA OF FOREST HILLS INST., INC. v. CITY OF NEW YORK

58 N.Y.2d 1014 (1983)

Mesivta of Forest Hills Institute, Inc., et al., Respondents, v. City of New York et al., Appellants.

Court of Appeals of the State of New York.

Decided March 23, 1983.

Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (James P. Griffin and Leonard Koerner of counsel), for appellants.

J. Michael Gottesman and Marc D. Stern for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur.

MEMORANDUM.

The judgment appealed from and the order of the Appellate Division brought up for review should be reversed, with costs, and judgment granted declaring that the action of the Board of Education of the City of New York to reacquire and remodel a former school building was valid.

It is well established that a taxpayer action pursuant to section 51 of the General Municipal Law lies "only when the acts complained...

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