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LORETTO v. TELEPROMPTER CATV

53 N.Y.2d 124 (1981)

Jean Loretto, on Behalf of Herself and All Others Similarly Situated, Appellant, v. Teleprompter Manhattan CATV Corp. et al., Respondents. City of New York, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided May 7, 1981.

Attorney(s) appearing for the Case

Michael S. Gruen, Daniel J. Sullivan and Eric B. Levine for appellant.

Michael Lesch, Larry F. Gainen and Barry P. Simon for respondents.

Allen G. Schwartz, Corporation Counsel (Leonard Koerner and John C. Brennan of counsel), for intervenor-respondent.

Robert Abrams, Attorney-General (Lawrence J. Logan and Shirley Adelson Siegel of counsel), in his statutory capacity under section 71 of the Executive Law.

Judges JASEN, JONES, WACHTLER and FUCHSBERG concur with Judge MEYER; Judge GABRIELLI concurs in a separate opinion; Chief Judge COOKE dissents and votes to reverse in another opinion.

MEYER, J.

A statute which requires a landlord to allow installation of cable television1 facilities upon his property for the use of his tenants or the tenants of other buildings or both is a valid exercise of the police power rather than a taking requiring compensation, notwithstanding that the statute permits the payment by the cable television...

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