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STARBURST v. CITY OF NY

125 A.D.2d 148 (1987)

Starburst Realty Corp., Respondent-Appellant, v. City of New York et al., Appellants-Respondents

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

February 24, 1987

Attorney(s) appearing for the Case

Edward N. Costikyan of counsel (Paul, Weiss, Rifkind, Wharton & Garrison, attorneys), for Warner Amex Cable Communications Company of Queens, appellant-respondent.

Robert D. Joffe of counsel (Cravath, Swaine & Moore, attorneys), for American Cablevision of Queens, Inc., appellant-respondent.

Stephen P. Kramer for City of New York and others, appellants-respondents.

Robert L. Beerman (Barry A. Wadler with him on the brief), for respondent-appellant.

SANDLER, J. P., SULLIVAN, FEIN and WALLACH, JJ., concur.

MILONAS, J.

Plaintiff Starburst Realty Corp. commenced the instant taxpayer's action pursuant to General Municipal Law § 51 challenging the award of certain cable television franchises covering the Borough of Queens. On June 10, 1985, the municipal and cable company defendants moved under CPLR 3211 to dismiss the complaint for failure to state a cause of action...

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