160 N.Y.S. 626 | N.Y. Sup. Ct. | 1916
The defendant Evelyn M. Edell demurs to the complaint on the ground that it does not state facts sufficient to constitute a cause of action. The action is brought to restrain the unauthorized use of a sewer in the town of Gates by the defendants and sufficient facts are alleged in the complaint to constitute a cause of action. It seems to me that a serious question is presented, however, as to the legal capacity of the town board to institute this action. Town of Hempstead v. Lawrence, 138 App. Div. 473; Tuma v. Piepenbrink, 77 Misc. Rep. 357; 160 App. Div. 225. The town board has no authority to sue on behalf of the town or with reference to any matters relating to the town except by express permission of the legisla
Demurrer overruled.