MATTER OF RUBANO v. NEW YORK TEL. CO.


43 Misc.2d 149 (1964)

In the Matter of Gabriel Rubano, Doing Business as Gabes Gulf Service, Petitioner, v. New York Telephone Company et al., Respondents.

Supreme Court, Westchester County.

May 1, 1964


Attorney(s) appearing for the Case

Frank Ronga for petitioner. G. Wallace Bates for New York Telephone Company, respondent. Frederick J. Adler, Corporation Counsel, for Commissioner of Public Safety of City of Yonkers, respondent.


CLARE J. HOYT, J.

Petitioner the owner and operator of a gas station in the City of Yonkers applied to the respondent, New York Telephone Company, in 1959 for a public coin telephone to be installed on his premises. The application was granted and the phone was installed in an inclosed booth on petitioner's premises. On March 25, 1964, as the result of an investigation, including an authorized tap on the phone, two men were seized, who had been using...

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