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CITY OF NEW YORK v. NY TEL.

108 A.D.2d 372 (1985)

City of New York, Appellant, v. New York Telephone Company, Respondent Philip R. Michael, as Commissioner of The Department of Finance, et al., Appellants, v. New York Telephone Company, Respondent

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

May 23, 1985

Attorney(s) appearing for the Case

Walter C. Reid for respondent in both appeals (John C. Clarke and Gerald E. Murray with him on the brief).

Philip Agree of counsel (Leonard Koerner and Michael McLoughlin with him on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for appellants.

SANDLER, ROSS, CARRO and FEIN, JJ., concur.

MURPHY, P. J.

On September 3, 1959, the City Council enacted Local Law No. 78 of the City of New York which provides:

"Public Telephone Booths. — a. It shall be unlawful to install or maintain a public telephone booth on any street without a license therefor. "b. Such license may be issued by the commissioner, in his discretion, and * * * shall contain such conditions as are reasonable...

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