Dish, DirecTV, NY Landlord Mutually Agree to Drop Appeals
Dish Network, DirecTV and the Diego Beekman Mutual Housing Association Housing Development Fund agreed to drop their appeals and cross appeals before the 2nd U.S. Circuit Court of Appeals, said a stipulation (in Pacer) filed Wednesday with the 2nd Circuit. The appeals and cross appeals came after a judge for the U.S. District Court Southern District of New York in March granted the DBS companies' motions to dismiss the lawsuit but rejected their request for attorney fees and costs. Diego Beekman, owner of 38 apartment buildings in the Bronx, sued claiming the DBS companies installed satellite dishes without its approval and caused property damage as a result. U.S. District Judge Katherine Polk Failla in her ruling said the landlord failed to allege exclusive possession of the buildings, which would be required to maintain an action for trespass.