Justice Ingraham,
dismissed the complaint on the ground that by a recent decision of the general term of this court, a tax payer could not obtain an injunction for any damage which, was common to all the tax payers in the city, and that the complaint in such a case must be filed in the name of the attorney-general of the state.
The decision referred to, is given in the opinion of Judge Balcom in regard to the sale of the Fort Cansevoort property. (Ante, pp. 138, 139.)