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NEW YORK TEL CO. v. AMSTERDAM

200 A.D.2d 315 (1994)

New York Telephone Company, Respondent, v. City of Amsterdam, Appellant. (Action No. 1.) Niagara Mohawk Power Corporation, Respondent, v. City of Amsterdam, Appellant. (Action No. 2.)

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

June 30, 1994

Attorney(s) appearing for the Case

Felix J. Catena, City Attorney of City of Amsterdam (Robert M. Cohen, Ballston Lake, of counsel), for appellant.

Tobin & Dempf, Albany (John T. Mitchell and William H. Reynolds of counsel), for respondent in action No. 1.

Mark J. Langlitz, Albany, for respondent in action No. 2.

CARDONA, P. J., CASEY, WEISS and YESAWICH JR., JJ., concur.

CREW III, J.

Plaintiff in action No. 1, New York Telephone Company (hereinafter NYTEL), is the holder of a special franchise license pursuant to Transportation Corporations Law § 27 which, in turn, grants NYTEL an unconditional privilege to install, maintain and repair its telephone lines and other ancillary property upon, over or under, inter alia, defendant's streets. Similarly, plaintiff in action...

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