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MATTER OF COASTAL COMMUNICATION SERVICE, INC. v. NEW YORK CITY DEPARTMENT OF INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS

44 A.D.3d 309 (2007)

843 N.Y.S.2d 23

In the Matter of COASTAL COMMUNICATION SERVICE, INC., et al., Appellants, v. NEW YORK CITY DEPARTMENT OF INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS, Respondent.

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

Decided October 2, 2007.

It is undisputed that section 6-06 (c), prohibiting the display of advertising in certain public telephone enclosures in Manhattan, became final and binding on December 4, 2004. Petitioners filed a motion for leave to amend their federal complaint on March 28, 2005 to include claims pertaining to that section. The federal court decided the motion on August 2 of that year, and the instant petition was filed on September 1. Even if the statute of limitations was tolled between...

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