Acierno v. North Shore Bus Co.

Plaintiffs claim that they are entitled to injunctive relief in their capacity as third party beneficiaries under certain provisions of a franchise agreement between beneficiaries under certain provisions of a franchise agreement between the North Shore Bus Co., Inc., and the City of New York. They rely on section 39 of the contract, which provides: “ The Company hereby agrees that it will, consistent with the efficient operation of its omnibuses, hire employees of the Companies which formerly operated the routes herein granted.”

It appears that the plaintiffs were formerly employed by the Bee…