Abco Moving & Storage Corp. v. New York Telephone Co.
Abco Moving & Storage Corp. v. New York Telephone Company
Opinion of the Court
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Pecora, J.
Plaintiff seeks an injunction to restrain defendant pendente lite from refusing acceptance of plaintiff’s advertisements in the classified telephone directories. No clear right to such relief has .been demonstrated. In my opinion, the telephone company in publishing a classified directory does not perform an essential public service except with respect to ordinary listings therein. As to advertisements the position of a telephone company is analogous to that of the publisher of a newspaper or magazine. Furthermore, the refusal to accept the advertisements has not heen shown to be arbitrary. Defendant has submitted sufficient facts to show that it acted reasonably in so refusing because of recent events involving the president of plaintiff corporation in connection with a similar business. Motion is denied.
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Cited by 10 cases
View all citing references →- U.S. Courts of Appeals1
- State Highest Courts1
- State Appellate Courts4
- State Trial Courts2
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Relies on it most ⓘ
- A-ABC Appliance of Texas, Inc. v. Southwestern Bell Telephone Co.
- Videon Corporation v. Burton
- District of Columbia v. Chesapeake & Potomac Telephone Co.
- Solomon v. Public Service Commission
- National Merchandising Corp. v. Public Service Commission
- Abco Moving & Storage Corp. v. New York Telephone Co.
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