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CITY OF N. Y. v. COMTEL, INC.

57 Misc.2d 585 (1968)

City of New York, Plaintiff, v. Comtel, Inc. et al., Defendants.

Supreme Court, Trial Term, New York County.

April 15, 1968

Attorney(s) appearing for the Case

J. Lee Rankin, Corporation Counsel (Norman Redlich, John R. Thompson and David W. Smith of counsel), for plaintiff. Schwartz & Frank (George H. Schwartz of counsel), for defendants.

MATTHEW M. LEVY, J.

By this suit, the City of New York seeks a permanent injunction restraining the defendant from "continuing to occupy and make use of the City streets for the purpose of operating one or more CATV systems within The City of New York, without ever having obtained any franchise and/or consent for use of the City Streets [as] required [by Section 362 of the New York City Charter]."

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