Caprotti v. Town of Woodstock (1999)
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Section 555a(a) applies “[i]n any court proceeding . . . involving any claim against a franchising authority . . . arising from the regulation of cable service,” and limits the relief available in such actions to “injunctive relief and declaratory relief.” See Jones, 80 F.3d at 324 (noting that “damages are precluded if section 555a(a) applies”); Caprotti v. Town of Woodstock, 721 N.E.2d 957, 960 (N.Y. 1999) (“By its plain and unconditional terms, section 555a(a) grants a lo…
“By its plain and unconditional terms, section 555a(a) grants a local municipality broad immunity from monetary liability that arises out of any of the municipality’s regulatory decisions involving cable television.” (internal quotation marks omitted)
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City of Glendale v. Marcus Cable Associates, LLC (2015)
As a result, [the plaintiff’s] action arises from the regulation of cable service within the meaning of § 555a(a).’ Id. at 1408; see also McClellan v. Cablevision of Conn., 149 F.3d 161 , 168 n. 15 (2d Cir. 1998); Caprotti v. Town of Woodstock, 94 N.Y.2d 73, 75-79 [ 721 N.E.2d 957 , 699 N.Y.S.2d 707 ] (1999).” (Brennan, supra, 34 F.Supp.3d at p. 425 .) The court added, “[The plaintiff] does not cite any case law to the contrary.