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NY TEL CO. v. TOWN SUPERVISOR

4 N.Y.3d 387 (2005)

828 N.E.2d 964

796 N.Y.S.2d 7

NEW YORK TELEPHONE COMPANY, Respondent, v. SUPERVISOR OF TOWN OF OYSTER BAY et al., Appellants, et al., Defendant. (And a Third-Party Action.) (Action No. 1.) NEW YORK TELEPHONE COMPANY, Respondent, v. SUPERVISOR OF TOWN OF OYSTER BAY et al., Appellants, et al., Defendant. (And a Third-Party Action.) (Action No. 2.)

Court of Appeals of the State of New York.

Decided March 31, 2005.

Attorney(s) appearing for the Case

Anthony J. LaMarca, P.C., Mineola (Anthony J. LaMarca of counsel), and Murphy, Bartol & O'Brien, LLP (Diane K. Mendez of counsel), for appellants.

Cullen and Dykman Bleakley Platt LLP, Brooklyn (Peter J. Mastaglio, Karen I. Levin, Robert J. Sorge and Jo-Ellen P. Holbrook of counsel), for respondent.

A. Kevin Crawford, Albany, for Association of Towns of the State of New York, amicus curiae.

Judges G.B. SMITH, READ and R.S. SMITH concur with Judge ROSENBLATT; Judge CIPARICK dissents and votes to reverse in a separate opinion in which Chief Judge KAYE and Judge GRAFFEO concur.

OPINION OF THE COURT

ROSENBLATT, J.

New York Telephone Company (NYTC) owns and maintains telephone lines, wires, cables, poles, supports and enclosures for electrical conductors within the Town of Oyster Bay. The equipment, referred to as "mass property," is situated on public and private land and is within the Town's refuse and garbage district.1 NYTC does not, however, own any of the...

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