COASTAL COMMUNICATIONS SERVICE v. CITY OF NEW YORK

No. 02-CV-2300 (ENV)(SMG).

658 F.Supp.2d 425 (2009)

COASTAL COMMUNICATIONS SERVICE, INC. and Telebeam Telecommunications Corporation, Plaintiffs, v. The CITY OF NEW YORK, and New York City Department of Information Technology and Telecommunications, Defendants.

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

September 30, 2009.


Attorney(s) appearing for the Case

David Elliot Jacoby, Schiff Hardin LLP, Robert Michael Brill, Law Office of Robert M. Brill, LLC, Stuart A. Summit, Phillips Nizer LLP, New York, NY, Robert G. Scott, Jr., Cole, Raywid & Braverman, LLP, Washington, DC, for Plaintiffs.

Michelle Goldberg-Cahn, Jerald Horowitz, The City of New York Law Department, Office of Corporation Counsel, New York, NY, for Defendants.


DECISION AND ORDER

VITALIANO, District Judge.

In the 1978 film Superman, the renowned hero approaches a phone booth only to learn that the local telephone company had switched from the full, private booths of the era in which the comic book hero debuted to the more modern open kiosk—a style unsuited to his patented wardrobe changes. Not even Superman can roll back the tide of technology. Today, the Court confronts a number of aesthetically...

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