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SCHWEP v. TOWN BD. OF THE TOWN OF CLARKSTOWN

243 A.D.2d 459 (1997)

664 N.Y.S.2d 955

Charles Schwep et al., Appellants, v. Town Board of the Town of Clarkstown et al., Respondents

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

October 6, 1997

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court correctly dismissed the complaint because the plaintiffs failed to state a cause of action under General Municipal Law § 51 (see, CPLR 3211 [a] [7]). The plaintiffs did not establish that the official acts complained of were corrupt, fraudulent, done in bad faith, or constituted a waste of public property in the sense that they represented the use of such property...

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