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STAHL SOAP CORP. v. CITY OF NEW YORK

7 Misc.2d 901 (1957)

Stahl Soap Corporation, Plaintiff, v. City of New York et al., Defendants.

Supreme Court, Special Term, Kings County.

May 6, 1957.

Attorney(s) appearing for the Case

Liebman, Eulan & Robinson for Liebman Breweries, Inc., defendant.

Peter Campbell Brown, Corporation Counsel, for City of New York and others, defendants.

Louis N. Feld for plaintiff.

EDWARD G. BAKER, J.

The defendants move to dismiss the complaint under subdivision 4 of rule 106 of the Rules of Civil Practice, on the ground that it fails to state a cause of action.

The complaint, in substance, alleges, after the usual formal allegations for a taxpayer's action, that Stanwyx Street, in the borough of Brooklyn, has been a public street for the past 90 years and has been used for pedestrian...

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