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AMERICAN TEL. & TEL. CO. v. CITY OF N.Y.

Nos. 350, 514, Dockets 95-7486, 95-7488.

83 F.3d 549 (1996)

AMERICAN TELEPHONE AND TELEGRAPH COMPANY, Plaintiff-Cross-Appellee, v. The CITY OF NEW YORK and the New York City Corrections Department, Defendants-Third-Party-Plaintiffs-Appellees-Cross-Appellants, v. NEW YORK TELEPHONE COMPANY, Third-Party-Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 26, 1996.

Attorney(s) appearing for the Case

Robert J. Aurigema, New York City (B. Haven Walling, Jr., New York City, of counsel), for Plaintiff-Cross-Appellee.

John Hogrogian, Assistant Corporation Counsel, New York City (Paul A. Crotty, Corporation Counsel, New York City; Pamela Seider Dolgow, Diana M. Murray, New York City, of counsel), for Defendants and Third-Party Plaintiffs-Appellees-Cross-Appellants.

Guy Struve, Davis, Polk & Wardwell, New York City (Richard H. Wagner, White Plains, New York; Michael J. Toolan, New York City, of counsel), for Third-Party Defendant-Appellant.

WALKER, JACOBS, and PARKER, Circuit Judges.

WALKER, Circuit Judge:

This action arises from the refusal of the City of New York and the New York City Department of Corrections (collectively "the City") to pay long-distance charges assessed by American Telephone and Telegraph Company ("AT & T") for telephone calls made from the City's prison facility on Rikers Island, and the refusal on the part of New York Telephone Company ("NYT") to indemnify the City. The City and NYT appeal from summary judgments entered...

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