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VERIZON v. OPTICAL GROUP INC.

602146/08, 4598

91 A.D.3d 176 (2011)

936 N.Y.S.2d 86

2011 NY Slip Op 8685

VERIZON NEW YORK, INC., et al., Respondents, v. OPTICAL COMMUNICATIONS GROUP, INC., Appellant.

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

Decided December 1, 2011.

Attorney(s) appearing for the Case

Klein Law Group, PLLC, Albany ( Andrew M. Klein and Allen C. Zoracki of counsel), and Hofheimer Gartlir & Gross, LLP, New York City ( Robert J. Kenney and Zachary B. Grendi of counsel), for appellant.

Kirkland & Ellis LLP, New York City ( David S. Flugman and Joseph Serino, Jr. of counsel), for respondents.

SAXE, FRIEDMAN, ACOSTA and FREEDMAN, JJ., concur.

OPINION OF THE COURT

MAZZARELLI, J.P.

Plaintiff Verizon New York, Inc. (Verizon) owns a network of subterranean conduit systems that extends throughout New York City. Because its ownership of the network would enable Verizon to exercise monopoly control over the provision of telecommunications services, the Public Service Law places strict controls over Verizon's use of the conduit system. The Public Service Commission has promulgated rules requiring that...

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