Stahl Soap Corp. v. City of New York

In a taxpayers ’ action plaintiff moves to strike the affirmative defenses of the defendants on the ground that they are insufficient in law. Plaintiff, for the *143purpose of nullifying the closing of a single interior block of a city street, asserts in its complaint that the closing was not for a public necessity but was for the sole purpose of enabling the defendant Liebmann Breweries to own and control the street for the parking of vehicles used in its business. The complaint has been held to state sufficient facts that the city’s action was unlawful and a waste of its property (5 N Y 2d 200).