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.