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TOWN OF HEMPSTEAD v. STATE OF NEW YORK

42 A.D.3d 527 (2007)

840 N.Y.S.2d 123

TOWN OF HEMPSTEAD, Appellant, v. STATE OF NEW YORK et al., Respondents.

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

Decided July 24, 2007.

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

In 1997 the State of New York entered into a Telecommunications Site Manager Agreement (TSMA) with Castle Tower Holding Corporation. Pursuant to the TSMA, the State granted Castle an exclusive license to construct, market, install, maintain, and operate wireless communication facilities upon State-owned land at sites to be determined by Castle...

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