Hoey v. Dalton

The sufficiency of the complaint is attacked on the ground that it fails to set forth that the plaintiff has paid taxes or assessments in said city of Long Beach in excess of the sum of $1,000 within one year prior to the commencement of this action. The complaint does state that the plaintiff was a taxpayer. The court is of the opinion that in view of the liberal provisions of section 105 of the Civil Practice Act it has the power to permit the correction to be made nunc pro tune. Likewise, with reference to the filing of the bond required by the General Municipal Law (§51), the court will…