Legal Opinion

Matter of Leitner v. New York Telephone Co.

New York Court of Appeals

Decided March 8, 1938PublishedCited by 29 opinions

1Opinion of the CourtRippey, J.

An application was made for a peremptory-order of mandamus to compel defendant to reinstate public coin box telephone service in two telephone booths located in a cigar store operated by petitioner at 70 Barclay street, New York city. The proceeding was commenced by service of a petition, affidavit and order to show cause why such an order should not issue. Upon the return date of the order to show cause the telephone company submitted affidavits in opposition to the motion and the court, deeming that there was a disputed question of fact involved, denied the motion for a peremptory order but…

2Cases cited11 opinions

  1. Pennsylvania Railroad v. Puritan Coal Mining Co.Supreme Court of the United States · 1915
  2. People Ex Rel. Lunney v. . CampbellNew York Court of Appeals · 1878
  3. Isenbarth v. BartnettAppellate Division of the Supreme Court of the State of New York · 1923
  4. People Ex Rel. Post v. RansomNew York Court of Appeals · 1949
  5. Matter of Flaherty v. . CraigNew York Court of Appeals · 1919

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3Cited by29 opinions

  1. Kovarsky v. Brooklyn Union Gas Co.New York Court of Appeals · 1938
  2. Mansfield v. EpsteinNew York Court of Appeals · 1958
  3. Figari v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1969
  4. Guglielmo v. Long Island Lighting Co.Appellate Division of the Supreme Court of the State of New York · 1981
  5. Van Dussen-Storto Motor Inn, Inc. v. Rochester Telephone Corp.Appellate Division of the Supreme Court of the State of New York · 1973

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