New York Court of Appeals

Mesivta of Forest Hills Institute, Inc. v. City of New York

March 23, 198358 N.Y.2d 1014

Summary

The Court reversed the Appellate Division, holding that the Board of Education's action to reacquire and remodel a former school building was valid because the plaintiffs' taxpayer suit under §51 of the General Municipal Law failed to allege fraud or waste, and a mere failure to comply with statutory detail requirements does not satisfy that requirement.