Legal Opinion

Leighton v. New York Telephone Co.

New York Supreme Court

Decided March 15, 1946PublishedCited by 3 opinions

1Opinion of the CourtSteuer, J.

The motion is to strike out the separate defenses and there is a cross motion to dismiss the complaint. In effect, the defenses are arguments, more or less particularly supported by factual allegations, _ as to the invalidity óf the complaint. The complaint alleges that the plaintiffs on August 21, 1944, made application to the defendant telephone company to have the latter furnish them telephone service. This request was refused on the ground that defendant did not have sufficient instruments to supply plaintiffs or numerous others who had made similar applications prior to plaintiffs. Such…

2Cases cited5 opinions

  1. Park Abbott Realty Co. v. Iroquois Natural Gas Co.New York Supreme Court · 1918
  2. People ex rel. Perceval v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1914
  3. Public Service Commission v. Iroquois Natural Gas Co.Appellate Division of the Supreme Court of the State of New York · 1919
  4. Public Service Commission v. Iroquois Natural Gas Co.New York Court of Appeals · 1920
  5. Park Abbott Realty Co. v. Iroquois Natural Gas Co.Appellate Division of the Supreme Court of the State of New York · 1919

3Cited by3 opinions

  1. Meyerson v. New York Telephone Co.New York Supreme Court · 1971
  2. Carlson Construction Co. v. New York Telephone Co.New York Supreme Court · 1964
  3. Driscoll v. New York Telephone Co.New York Supreme Court · 1972

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