Olin v. Town of North Hempstead

In an action to enjoin the construction of an incinerator, plaintiffs appeal from an order of the Supreme Court, Nassau County, entered November 16, 1959, which grants defendants’ motion to dismiss the amended complaint pursuant to rules 106 and 113 of the Rules of Civil Practice. Order modified by striking out its ordering paragraph and by substituting therefor a provision granting defendants’ motion to the extent of dismissing the amended complaint pursuant to rule 106 of the Rules of Civil Practice on the ground that it appears on its face that it does not state facts sufficient to…