Fontana v. Town of Hempstead

In an action (a) for injunctive relief against the maintenance by defendants of a sewer pipeline installed upon property allegedly owned by the plaintiffs; (b) to compel .the defendants to continue certain elevation work so as to provide proper drainage and prevent flooding of the plaintiffs’ property; and (c) to recover money damages, the plaintiffs appeal from the following two orders of the Supreme Court, Nassau County: (l) an order, dated July 7, 1961, which denied their motion, made pursuant to rule 109 of the Rules of Civil Practice, to strike out as patently insufficient the defendant…