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Hubscher v. Fasbender

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 1952
279 App. Div. 926 (N.Y. App. Div. 1952)

Opinion

March 17, 1952.


In a taxpayers' action to annul a contract for dredging of lands under navigable waters, and for other relief, order denying the motion of defendants Gallagher and Murphy, under rule 106 of the Rules of Civil Practice, to dismiss the complaint for insufficiency as to said defendants, reversed on the law, with $10 costs and disbursements, and the motion granted, without costs. Leave to plead and serve anew within twenty days after entry of an order hereon is granted. The complaint fails to allege that the town has any right, title or interest in the subject lands that has been interfered with or injured. Nolan, P.J., Carswell, Adel, Wenzel and Schmidt, JJ., concur.


Summaries of

Hubscher v. Fasbender

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 1952
279 App. Div. 926 (N.Y. App. Div. 1952)
Case details for

Hubscher v. Fasbender

Case Details

Full title:MARIE D. HUBSCHER et al., Respondents, v. WALTER FASBENDER, Individually…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 17, 1952

Citations

279 App. Div. 926 (N.Y. App. Div. 1952)