273 A.D. 791 | N.Y. App. Div. | 1947
Action for judgment declaring the respective rights of parties relative to an alleged strip of land impressed with a trust for highway purposes, of instruments conveying and leasing lands under water, and of amendment of zoning resolution. Order granting motion to dismiss complaint for insufficiency on its face and making no determination with respect to other relief sought for the reason that such determination would be academic, modified on the law and the facts by striking out the second ordering paragraph and by providing in lieu thereof that the motion to dismiss, pursuant to rule 106 of the Rules of Civil Practice, is denied. As so modified, the order, insofar as appealed from, is unanimously affirmed, without costs, with leave to respondents to answer within twenty days from the entry of the