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MTR CABLE TEL v. PUB. SERV

87 A.D.2d 288 (1982)

In the Matter of New York State Cable Television Association, Appellant, v. Public Service Commission of the State of New York, Respondent, and Empire City Subway Company, Ltd., et al., Intervenors-Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 17, 1982

Attorney(s) appearing for the Case

Hogan & Hartson (Gardner F. Gillespie of counsel) and Shea & Gould, for appellant.

David E. Blabey (Howard J. Read of counsel), for respondent.

Donald C. Rowe, Harold S. Levy and John M. Clarke for Empire City Subway Company, Ltd., intervenor-respondent.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Leonard Koerner and John C. Brennan of counsel), for City of New York, intervenor-respondent.

MAHONEY, P. J., SWEENEY, MAIN and YESAWICH, JR., JJ., concur.

CASEY, J.

Empire City Subway Company, Ltd. (Empire), a wholly owned subsidiary of the New York Telephone Company, owns communication conduits under the streets of New York City. It leases space in its conduits to companies having lawful power to operate communication conductors in New York City. Among those companies leasing space in Empire's conduits are Teleprompter Corporation and Manhattan Cable Television...

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