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N. Y. TEL. CO. v. COMR. OF N. Y. STATE TRANSP.

62 Misc.2d 6 (1970)

New York Telephone Company, Plaintiff, v. Commissioner of New York State Department of Transportation et al., Defendants.

Supreme Court, Special Term, Albany County.

February 26, 1970

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Douglas S. Dales, Jr., of counsel), for defendants. Dewey, Ballantine, Bushby, Palmer & Wood (Leonard Joseph of counsel) and Casey, Yanas & Mitchell for plaintiff.

HAROLD E. KOREMAN, J.

A motion was first brought on by plaintiff for an order permitting disclosure by defendants in this action seeking a declaratory judgment, or in the alternative, for relief under CPLR article 78, arising out of defendants' refusal to permit plaintiff to install an underground cable in a State highway. The defendants cross-moved for summary judgment dismissing the complaint, and the parties agreed that the

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