Stahl Soap Corp. v. City of New York
New York Supreme Court
1Opinion of the CourtEdward G. Baker, J.
The defendants move to dismiss the complaint under subdivision 4 of rule 106 of the Buies of Civil Practice, on the ground that it fails to state a cause of action.
*902The 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 and vehicular traffic by the general public; that by reason of such use the City of New York acquired an easement to and a right of way over said street; that the defendant Liebman Breweries, Inc., was the…
2Cases cited15 opinions
- Kaskel v. ImpellitteriNew York Court of Appeals · 1953
- Kittinger v. . Buffalo Traction Co.New York Court of Appeals · 1899
- Matter of Murray v. LaguardiaNew York Court of Appeals · 1943
- Browne v. City of New YorkNew York Court of Appeals · 1925
- In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1898
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3Cited by4 opinions
- City of Albany v. McMorranNew York Supreme Court · 1962
- Brown v. Sentinel Investigations Service Inc.Civil Court of the City of New York · 1963
- Wyckoff v. O'Neil, New York County Courts1970
- Stahl Soap Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1957