NEW YORK TEL. v. CITY OF BINGHAMTON


23 A.D.2d 453 (1965)

New York Telephone Company, Plaintiff, v. City of Binghamton, Defendant

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 13, 1965.


Attorney(s) appearing for the Case

Hinman, Howard & Kattel (C. Addison Keeler and Edward L. Friedman of counsel), for plaintiff.

Kramer, Wales & Robinson (Donald W. Kramer of counsel), for defendant.

GIBSON, P. J., REYNOLDS, AULISI and HAMM, JJ., concur.


HERLIHY, J.

There is no dispute that the facilities of the plaintiff were properly in the street, pursuant to section 27 of the Transportation Corporations Law, and the street having been closed, it is not necessary to our decision to decide under what right or title the facilities were there in the first instance.

The closing of the street was in accordance with a resolution adopted by the City Council...

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