Hoffman v. Capitol Cablevision Systems, Inc.

In this motion, transferred to me by Mr. Justice Murray, the plaintiffs, as individual private landowners, seek a preliminary injunction restraining the defendant from using the telephone poles which are already located on the plaintiffs’ property for the transmission of its cable television signals. The plaintiffs agree that these poles already constitute a legitimate easement burdening their property for the services provided by the Niagara Mohawk Power Corporation and the New York Telephone Company, but contend that the defendant’s attempt to have its facilities ride "piggy-back” on the…