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HILL v. GIULIANI

249 A.D.2d 28 (1998)

670 N.Y.S.2d 493

Stanley Hill et al., Appellants, v. Rudolph Giuliani, as Mayor of The City of New York, Respondent

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

April 7, 1998

A taxpayer action pursuant to General Municipal Law § 51 against a public official does not lie unless the official conduct complained of, in addition to being illegal, involves fraud, collusion, or personal gain (see, Duffy v Longo, 207 A.D.2d 860, 865, appeal dismissed 86 N.Y.2d 779; Beresford Apts. v City of New York, 238 A.D.2d 218, lv denied 89 N.Y.2d 815)...

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