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  5. 41 N.Y.2d 691 (1977)
 

TEL. CO. v. N. HEMPSTEAD

41 N.Y.2d 691 (1977)

New York Telephone Company, Respondent, v. Town of North Hempstead et al., Appellants.

Court of Appeals of the State of New York.

Decided May 5, 1977.

Attorney(s) appearing for the Case

Edward McCabe, Town Attorney (Adolph Koeppel and William D. Siegel of counsel), Mineola, for appellants.

John M. Clarke, George E. Ashley, Kenneth J. Lucey and David L. Sohn, New York City, for respondent.

W. Bernard Richland, Corporation Counsel (L. Kevin Sheridan, Alexander Gigante, Jr., and Stephen P. Kramer of counsel), for City of New York, amicus curiae.

Edward M. Barrett and Calvin E. Rafuse, Jr., Mineola, for Long Island Lighting Company, amicus curiae.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, FUCHSBERG and COOKE concur; Judge WACHTLER taking no part.

JONES, J.

We hold that inasmuch as the Town of North Hempstead did not have the right to attach its street lighting fixtures to utility poles owned by the New York Telephone Company without the company's permission, the Telephone Company is entitled to an order directing their removal. While the town is not liable to the company for rent for the unauthorized use of the poles, the Telephone Company may recover...

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