New York Telephone Company, Respondent,
v.
City of Binghamton, Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued June 1, 1966
Decided July 7, 1966.
Attorney(s) appearing for the Case
Donald W. Kramer for appellant.
C. Addison Keeler, G. Wallace Bates and Edward L. Friedman for respondent.
J. Lee Rankin, Corporation Counsel (Morris Handel and Morris Einhorn of counsel), for City of New York, amicus curiæ.
Francis S. Claps, Corporation Counsel (Oscar J. Greene and Herman D. Schmier of counsel), for City of New Rochelle, amicus curiæ.
William McKinley, Corporation Counsel (Vincent Del Tufo of counsel), for City of White Plains, amicus curiæ.
John W. Hacker, Corporation Counsel, for City of Albany, amicus curiæ.
Lawrence A. Tumposky for City of Utica, amicus curiæ.
Edward L. Wilkinson and Vincent E. Vicinanzo, Jr. for New York State Telephone Association, Inc., amicus curiæ.
Richard N. George for Rochester Gas and Electric Corporation and another, amici curiæ.
Judges FULD, SCILEPPI, BERGAN and KEATING concur with Chief Judge DESMOND; Judges VAN VOORHIS and BURKE dissent and vote to affirm both upon the ground that respondent's franchise rights could not be eliminated by the street closing unrelated to any alterations or use as a highway and upon the further ground that it is for a proprietary purpose, all as held in Matter of City of New York (Gillen Place) () and cases cited therein.
Court of Appeals of the State of New York.
Chief Judge DESMOND.
On an agreed statement of facts there was submitted to the Appellate Division this controversy: Is plaintiff telephone company entitled to reimbursement from defendant city for the expense of relocating in another street the company's telephone lines and other facilities which had lain in a public street, the relocation having been made necessary by the city's closing part of the street and...
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