Hamilton v. Baker — 243 N.Y. 578

p. 578

Schuyler Hamilton, Appellant, v. George W. Baker et al., as Trustees of Union Free School District No. 2 of the Towns of Cortlandt and Yorktown, Westchester County, Respondents.

(Argued June 8, 1926;

decided July 9, 1926.)

Headnote

Taxpayer’s action — schools — action to restrain trustees of school district from issuing bonds for erection of school building.

Hamilton v. Baker, 215 App. Div. 786 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 26, 1925, which affirmed a judgment in favor of plaintiff entered upon an order of Special Term granting a motion for dismissal of the complaint in a taxpayer’s action to restrain the defendants from issuing

p. 579

bonds or incurring obligation or expense for the construction of a new school building.

Judgment affirmed, with costs;

Charles Wesley and Edgar L. Ryder for appellant.

Alvin M. Higgins and Edgar A. B. Spencer for respondents.

no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.