New York Telephone Co. v. Town of North Hempstead

Appellate Division of the Supreme Court of New York

New York Telephone Co. v. Town of North Hempstead

52 A.D.2d 934, 385 N.Y.S.2d 505, 1976 N.Y. App. Div. LEXIS 12804

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 24, 1976

StatusPublished

This text of 52 A.D.2d 934 (New York Telephone Co. v. Town of North Hempstead) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

New York Telephone Co. v. Town of North Hempstead, 52 A.D.2d 934, 385 N.Y.S.2d 505, 1976 N.Y. App. Div. LEXIS 12804 (N.Y. Ct. App. 1976).

Pincite

Opinion

In an action (1) to recover rents for the unauthorized use by defendant North Hempstead Lighting District of part of plaintiffs telephone poles for the attachment of street lighting equipment, arid (2) for injunctive relief requiring the removal of such equipment, defendants appeal from an order of the Supreme Court, Nassau County, [935]*935dated December 3, 1975, which, inter alia, (1) granted plaintiffs motion for summary judgment on its second cause of action, (2) ordered that entry of judgment thereon be stayed pending determination of the first cause of action and (3) denied defendants’ cross motion for summary judgment. Order affirmed, with $50 costs and disbursements to respondent. In the main we adopt the reasons set forth in the opinion of Mr. Justice L. Kingsley Smith at Special Term. Cohalan, Acting P. J., Margett, Damiani, Rabin and Shapiro, JJ., concur. [86 Misc 2d 487.]

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In an action (1) to recover rents for the unauthorized use by defendant North Hempstead Lighting District of part of plaintiffs telephone poles for the attachment of street lighting equipment, arid (2) for injunctive relief requiring the removal of such equipment, defendants appeal from an order of the Supreme Court, Nassau County, [935]*935dated December 3, 1975, which, inter alia, (1) granted plaintiffs motion for summary judgment on its second cause of action, (2) ordered that entry of judgment thereon be stayed pending determination of the first cause of action and (3) denied defendants’ cross motion for summary judgment. Order affirmed, with $50 costs and disbursements to respondent. In the main we adopt the reasons set forth in the opinion of Mr. Justice L. Kingsley Smith at Special Term. Cohalan, Acting P. J., Margett, Damiani, Rabin and Shapiro, JJ., concur. [86 Misc 2d 487.]

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Bluebook (online)

52 A.D.2d 934, 385 N.Y.S.2d 505, 1976 N.Y. App. Div. LEXIS 12804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-york-telephone-co-v-town-of-north-hempstead-nyappdiv-1976.