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Am. Infertility of New York PC v. Verizon New York Inc.

In Trespass Action, Questions Exist as to Whether Verizon Was a Licensee

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DECISION AND ORDER I. BACKGROUND   In this action for trespass on commercial premises, plaintiffs American Infertility of New York, P.C. d/b/a Center for Human Reproduction (CHR), and 21 East 69th Street LLC are, respectively, the occupant and the owner of land and a building at 21 East 69th Street, New York County. Aff. of Norbert Gleicher M.D. in Supp.

1-3. Plaintiffs claim that defendant Verizon New York Inc. committed a continuing trespass by installing and maintaining an unauthorized telecommunications cable on the exterior of the building and along the top of a fence in the yard at the premises. Id. 2. Plaintiffs allege that they first learned of defendant’s cable in August 2015 while inspecting the premises to plan a construction project to expand their building. Id.

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