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LAVIN v. KLEIN

12 A.D.3d 244 (2004)

783 N.Y.S.2d 815

JOHN P. LAVIN et al., Appellants, v. JOEL I. KLEIN, as Chancellor of the New York City Department of Education, et al., Respondents.

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

November 16, 2004.

Plaintiffs, in their capacity as taxpayers, challenge as violative of various statutory and constitutional provisions defendants' practice, pursuant to an agreement with school transportation providers, of procuring insurance coverage for those providers' vehicles. Plaintiffs, however, have not alleged misconduct of the sort, i.e., fraud, collusion, corruption or bad faith, necessary to justify a taxpayer action pursuant to General...

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