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WISNER v. HARMAS HOLDING CORP.

1 A.D.2d 957 (1956)

Lillian Wisner et al., Respondents, v. Harmas Holding Corp., Respondent, and Seaberg Elevator Co., Inc., Appellant

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

April 2, 1956

Order unanimously affirmed, with costs.

Respondents Wisner may maintain this action in tort against the service company, even though they were not parties to the contract between the owner and the service company, if there is proof of negligent performance by the latter of the duty which it assumed. (Kelly v. Watson Elevator Co., 309 N.Y. 49; Blanchard v. Otis Elevator Co., 266...

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