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CORSELLO v. VERIZON NY, INC.

No. 51.

18 N.Y.3d 777 (2012)

967 N.E.2d 1177

944 N.Y.S.2d 732

2012 NY Slip Op 2343

WILLIAM CORSELLO et al., Respondents-Appellants, v. VERIZON NEW YORK, INC., Formerly Known as NEW YORK TELEPHONE COMPANY, et al., Appellants-Respondents.

Court of Appeals of New York.

Decided March 29, 2012.

Attorney(s) appearing for the Case

Kirkland & Ellis LLP ( Patrick F. Philbin of the District of Columbia bar, admitted pro hac vice, of counsel), and Kirkland & Ellis LLP, New York City ( Joseph Serino, Jr. , of counsel) for appellants-respondents.

Law Offices of David M. Wise, P.A., Cranford, New Jersey ( David M. Wise of counsel), and Reilly Like & Tenety, Babylon ( Irving Like of counsel), for respondents-appellants.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

Defendant Verizon New York, Inc. (Verizon) attached a box to a building that plaintiffs own, and used the box to transmit telephone communications to and from Verizon's customers in other buildings. Plaintiffs claim that Verizon took their property without paying them just compensation, and deceived them into believing that no compensation was owed.

We hold that plaintiffs...

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