Legal Opinion
Martinelli v. New York Telephone Co.
New York Supreme Court
Decided March 8, 1954PublishedCited by 1 opinion
1Opinion of the CourtDoscher, J.
Petitioners, partners publishing the “ Yonkers Daily Times ”, bring this application, pursuant to article 78 of the Civil Practice Act, to compel the respondent, New York Telephone Company, to furnish service at their place of business. In defense of its actions, respondent claims a right and obligation to refuse service to those who it has reasonable cause to believe will use the same in violation of law. It further alleges that it has such reasonable cause to believe that petitioners will use the facilities, if installed, illegally and improperly.
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2Cases cited6 opinions
- People ex rel. Restmeyer v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Matter of Shillitani v. ValentineNew York Court of Appeals · 1947
- In re CullenAppellate Division of the Supreme Court of the State of New York · 1905
- Tela-News Flash, Inc. v. District AttorneyNew York Supreme Court · 1950
- Martinelli v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1951
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3Cited by1 opinion
- Paterson Publishing Co. v. New Jersey Bell Telephone Co.Supreme Court of New Jersey · 1956