Order of Appellate Term affirmed, with costs.
At the time of the making of the contract on November 6, 1936, plaintiff's remote assignor had been operating a street surface railroad along Jamaica Avenue, west of 168th Street, in the Borough of Queens, City of New York. The defendant had been granted a franchise by the City of New York to operate omnibuses along certain streets in that borough, including part of this portion of Jamaica Avenue, and, in accordance with...
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