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CITY OF POUGHKEEPSIE v. POUGHKEEPSIE CABLEVISION

No. 82 Civ. 3219 (GLG).

571 F.Supp. 1225 (1983)

CITY OF POUGHKEEPSIE, NEW YORK and Thomas C. Aposporos, Plaintiffs, v. POUGHKEEPSIE CABLEVISION, INC., Defendant, and The New York State Commission on Cable Television, Defendant-Intervenor.

United States District Court, S.D. New York.

October 4, 1983.

Attorney(s) appearing for the Case

Richard B. Wolf, Poughkeepsie, N.Y., for plaintiffs.

Olwine, Connelly, Chase, O'Donnell & Weyher, New York City, for defendant; John Logan O'Donnell, Gary Hoppe, New York City, of counsel.

Robert Abrams, Atty. Gen. of the State of N.Y., New York City, for defendant-intervenor; Melvyn R. Leventhal, Deputy First Asst. Atty. Gen., Stanley A. Camhi, Clement H. Berne, Asst. Attys. Gen., New York City, of counsel.

OPINION

GOETTEL, District Judge:

In this action for breach of contract, the City of Poughkeepsie, New York (the "City") is suing its cable television franchisee, Poughkeepsie Cablevision, Inc. ("Cablevision"), for damages stemming from its refusal to pay the full amount of the monthly franchise fee that is specified in Cablevision's contract with the City. In its answer, Cablevision has set forth, inter alia, the affirmative defense that both New...

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