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Eagle Nest Corporation v. Charles S. Carroll, Individually and Constituting the Town Board of the Town of Indian Lake, Hamilton County, New York
Hill, P. J., Heffernan, Schenek 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.]