Appellate Division of the Supreme Court of the State of New York May 23, 1985 (City of New York v. New York Telephone Co.)

OPINION OF THE COURT

Murphy, P. J.

On September 3, 1959, the City Council enacted Local Law No. 78 of the City of New York which provides:

“Public Telephone Booths. — a. It shall be unlawful to install or maintain a public telephone booth on any street without a license therefor.

“b.