HOLDEN v. NEW YORK TEL. CO.


31 A.D.2d 812 (1969)

Stephen Holden, Jr., et al., as Executors of Stephen Holden, Deceased, Respondents, et al., Plaintiff, v. New York Telephone Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 3, 1969


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 the interests of the general public, the street was formally closed, that right was extinguished (New York Cent. R. R. Co. v. Westchester Light. Co., 226 App. Div. 825). Nor do we find any merit to defendant's contention that the Town of Mt. Pleasant...

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