Legal Opinion

New York Telephone Co. v. City of Binghamton

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

Decided July 13, 1965Published

1Opinion of the Court

Herlihy, J,

There is no dispute that the facilities of the plaintiff were properly in the street, pursuant to section 27 of the Transportation Corporations Law, and the street having been closed, it is not necessary to our decision to decide under what right or title the facilities were there in the first instance.

The closing of the street was in accordance with a resolution adopted by the City Council on October 15, 1956 and approved by the Mayor, pursuant to which the city acquired title to 29 acres of land, including property on both sides of Chenango Street, as well as the discontinued…

2Cases cited6 opinions

  1. Transit Commission v. Long Island RailroadNew York Court of Appeals · 1930
  2. Matter of Murray v. LaguardiaNew York Court of Appeals · 1943
  3. Mayor of Baltimore v. Baltimore Gas & Electric Co.Court of Appeals of Maryland · 1963
  4. In re the City of New YorkNew York Court of Appeals · 1952
  5. City of New York v. New York Telephone Co.New York Court of Appeals · 1938

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