New York Court of Appeals

Ralph Boryszewski v. Earl W. Brydges, as Majority Leader and Temporary President of the Senate

July 2, 197537 N.Y.2d 361

Summary

The New York Court of Appeals held that a taxpayer has standing to challenge the constitutionality of state legislative enactments and denied the motion to dismiss the retirement plan claim while granting dismissal of the lump‑sum expense claim for failure to state a cause of action. A concurrence expressed concern that the majority’s expansion of taxpayer standing was overly broad.