Opinion
December 29, 1942.
Appeal from a judgment and order dismissing plaintiff's complaint as to the first cause of action on the ground that it does not state facts sufficient to constitute a cause of action. The cause of action is in equity, alleging that plaintiff had suffered wrongs not common to every other taxpayer within the town of Indian Lake. Judgment and order as to the first cause of action reversed on the law with fifty dollars costs. Hill, P.J., Heffernan, Schenck and Foster, JJ., concur; Crapser, J., dissents. The plaintiff's first cause of action is framed in equity and does not state facts sufficient to constitute a cause of action because it does not show that the plaintiff has such a separate individual or peculiar interest and injury as would justify such an action. ( Roosevelt v. Draper, 23 N.Y. 318; Demarest v. Wickham, 63 N.Y. 320; Doolittle v. Supervisors, 18 N.Y. 155; Altschul v. Ludwig, 216 N.Y. 459. ) [ 179 Misc. 99.]