MATTER OF MARTINELLI v. NEW YORK TEL. CO.


205 Misc. 503 (1954)

In the Matter of Ralph Martinelli, Jr., et al., as Copartners Doing Business under the Name of Yonkers Daily Times, Petitioners, v. New York Telephone Company, Respondent.

Supreme Court, Special Term, Westchester County.

March 8, 1954.


Attorney(s) appearing for the Case

Butler, Bennett & Fitzpatrick for petitioners.

Ralph W. Brown for respondent.


DOSCHER, J.

Petitioners, partners publishing the "Yonkers Daily Times", bring this application, pursuant to article 78 of the Civil Practice Act, to compel the respondent, New York Telephone Company, to furnish service at their place of business. In defense of its actions, respondent claims a right and obligation to refuse service to those who it has reasonable cause to believe will use the same in violation...

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