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MURTHA v. INC. VILL. OF ISLAND PARK

202 A.D.2d 650 (1994)

609 N.Y.S.2d 315

Emil Murtha et al., Appellants, v. Incorporated Village of Island Park et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 28, 1994

Ordered that the order and judgment is affirmed, with costs.

In a taxpayers' action pursuant to General Municipal Law § 51 under the theory presented, the plaintiffs must plead and prove that "the acts complained of are fraudulent, or a waste of public property in the sense that they represent a use of public property or funds for entirely illegal purposes" (Mesivta of Forest Hills Inst. v City of New York, 58 N.Y.2d 1014

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