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MATTER OF RCN TELECOM SERVS. OF N.Y., LP v. FRANKEL

8646, 105286/11.

100 A.D.3d 538 (2012)

954 N.Y.S.2d 514

In the Matter of RCN TELECOM SERVICES OF NEW YORK, LP, et al., Appellants, v. DAVID M. FRANKEL et al., Respondents.

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

November 20, 2012.

The property at issue is backup power equipment situated on leased premises around Manhattan, "hubs" of which comprise "Uninterruptible Power Supply" equipment (consisting of banks of batteries that smooth out power fluctuations and provide backup power in the event of brief power interruptions) and emergency backup generators, each capable of generating between 400 and 1,000 kilowatts of electricity, with fuel tanks of up to 1,800 gallons each. It is undisputed that each...

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