STAHL SOAP CORP. v. CITY OF NEW YORK


5 N.Y.2d 200 (1959)

Stahl Soap Corporation, Respondent, v. City of New York et al., Appellants.

Court of Appeals of the State of New York.

Decided January 22, 1959.


Attorney(s) appearing for the Case

Peter Campbell Brown, Corporation Counsel (Irving Genn, Harry E. O'Donnell and Benjamin Offner of counsel), appellant in person and for City of New York and others, appellants.

Walter H. Liebman, Herbert Robinson and Julian S. Perlman for Liebmann Breweries, Inc., appellant.

Louis N. Field for respondent.

Chief Judge CONWAY and Judges FROESSEL, VAN VOORHIS and BURKE concur in Per Curiam opinion; Judge DESMOND dissents in an opinion in which Judges DYE and FULD concur.


Per Curiam.

In this taxpayer's action to nullify the closing and discontinuance of a single interior block of Stanwix Street, which is five blocks long, extending from Bushwick Avenue to Flushing Avenue in Brooklyn, and for related relief, we agree with the Appellate Division that the complaint as a pleading, read in the light of the exhibits, states a cause of action.

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