Abco Moving & Storage Corp. v. New York Telephone Co.

New York Supreme Court

Abco Moving & Storage Corp. v. New York Telephone Co.

193 Misc. 96, 83 N.Y.S.2d 448, 1948 N.Y. Misc. LEXIS 3367

New York Supreme Court·Decided May 25, 1948·Published·Cited by 10 cases

Opinion

Pecora, J.

Plaintiff seeks an injunction to restrain defendant pendente lite from refusing acceptance of plaintiff’s advertisements in the classified telephone directories. No clear right to such relief has .been demonstrated. In my opinion, the telephone company in publishing a classified directory does not perform an essential public service except with respect to ordinary listings therein. As to advertisements the position of a telephone company is analogous to that of the publisher of a newspaper or magazine. Furthermore, the refusal to accept the advertisements has not heen shown to be arbitrary. Defendant has submitted sufficient facts to show that it acted reasonably in so refusing because of recent events involving the president of plaintiff corporation in connection with a similar business. Motion is denied.

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Pecora, J.

Plaintiff seeks an injunction to restrain defendant pendente lite from refusing acceptance of plaintiff’s advertisements in the classified telephone directories. No clear right to such relief has .been demonstrated. In my opinion, the telephone company in publishing a classified directory does not perform an essential public service except with respect to ordinary listings therein. As to advertisements the position of a telephone company is analogous to that of the publisher of a newspaper or magazine. Furthermore, the refusal to accept the advertisements has not heen shown to be arbitrary. Defendant has submitted sufficient facts to show that it acted reasonably in so refusing because of recent events involving the president of plaintiff corporation in connection with a similar business. Motion is denied.

Abco Moving & Storage Corp. v. New York Telephone Co., 193 Misc. 96, 83 N.Y.S.2d 448, 1948 N.Y. Misc. LEXIS 3367 (N.Y. Super. Ct. 1948).

Pincite

193 Misc. 96 (Abco Moving & Storage Corp. v. New York Telephone Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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