Holden v. New York Telephone Co.

Order of the Supreme Court, Westchester County, dated July 2, 1968, affirmed insofar as appealed from, with $10 costs and disbursements. In this action in ejectment defendant argues that its franchise, granted pursuant to section 27 of the Transportation Corporations Law, to maintain its conduits beneath the surface of a public street survives the formal closing of .the street. In our opinion, summary judgment was properly rendered in favor of respondents. Defendant’s franchise under section 27 was dependent upon the continued existence of the street in question as a public highway. When, in…