Movietime, Inc. v. New York Telephone Co.
Opinion of the Court
In a proceeding instituted pursuant to article 78 of the Civil Practice Act, order confirming report of Official Referee and restoring, on condition, telephone service to respondent, reversed on the law and the facts, with $50 costs and disbursements, and the petition dismissed, without costs. The following findings are made: The telephone facilities furnished to respondent were being used to disseminate racing information to book-makers. The messages recorded by the police officers show that to be the nature and purpose of the service and that those availing themselves of it were book-makers. This proof is supported, among other evidence, by the number and timing of calls from those whose telephones since have been disconnected; the sums of money paid by subscribers for the service; the unusual equipment being used and that applied for. This service to book-makers, by means of which the entire rent and telephone bill of the suite occupied by respondent was paid, is the dominant one for which the telephone facilities of respondent were used, as distinguished from the dwindling and profitless venture of supplying information with respect to motion pictures to prospective patrons of theatres. The respondent, through its officers, was well aware of the service afforded to book-makers by means of the equipment furnished to it by appellant, even though it be assumed that such service was conducted through the medium of a separate and independent corporation, Rite Way News, Inc. The president, Polinger, and treasurer. T--rael,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.