VANCE v. YONKERS CONTRACTING CO., INC.


280 A.D. 839 (1952)

Brooks Vance et al., Respondents, v. Yonkers Contracting Co., Inc., Appellant

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

June 30, 1952.


Judgment of the County Court, Westchester County, unanimously affirmed, with costs.

The cause of action is based solely on contract, not in negligence or nuisance, and no question of indemnity is involved. The contract provision, which is the basis of the action, was made directly for the benefit of a class to which plaintiffs belonged. (Cherry v. Mount Vernon Contr. Corp., 278 App. Div. 769; McClare v. Massachusetts Bonding & Ins. Co.,...

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