Order affirmed insofar as appealed from, with $10 costs and disbursements.
On November 17, 1960, defendant entered into a written contract with plaintiff's assignor, Modern Cigarette Machine Service, Inc., Modern was to "install, operate and service a vending machine" for the sale of cigarettes at defendant's restaurant. Defendant was to receive a stated commission on each package of cigarettes so sold. The initial contract period was to be five years, after which...
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