BONWELL v. STONE


128 A.D.2d 1013 (1987)

Howard V. Bonwell et al., Respondents, v. Eugene M. Stone et al., Doing Business as E. M. Stone Septic Tank Service, Appellants

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

March 26, 1987


Main, J.

At issue in this appeal is whether defendants, who installed a septic system for a home at the request of a real estate agent, can be held liable to plaintiffs, the subsequent purchasers of that home, for breach of contract and negligence. Accepting the allegations of plaintiffs' complaint as true, as we must on this motion to dismiss (see, Becker v Schwartz, 46 N.Y.2d 401, 408), the facts reveal...

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