United States Second Circuit

In an action involving the denial of an application for a public pay telephone franchise, district court's grant of summary judgment for defendant is affirmed where: 1) defendant's refusal to grant plaintiff a franchise to operate on public rights-of-way on the basis of its past history of fraud is within the scope of the safe harbor exception of Telecommunications Act sec. 253; 2) the court did not err in dismissing plaintiff's state and federal law preemption claims; and 3) the court did not err in dismissing plaintiff's federal constitutional claims.

Appellate Information

• Decided 04/08/2009
• Published 04/08/2009

Judges

• LEVAL, Circuit Judge:, Before McLAUGHLIN, LEVAL, and POOLER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Joseph P. Garland, Lifshutz & Lifshutz, P.C., New York, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Bruce Regal, Assistant Corporation Counsel (John Hogrogian, Pamela Seider Dolgow, and Diana M. Murray, Assistant Corporation Counsels, on the brief) for Michael A. Cardozo, Corporation Counsel of the City of New York, New York, NY, for Defendants-Appellees.