Vance v. Yonkers Contracting Co.

Appellate Division of the Supreme Court of New York

Vance v. Yonkers Contracting Co.

280 A.D. 839, 113 N.Y.S.2d 733, 1952 N.Y. App. Div. LEXIS 3869

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 30, 1952

StatusPublished

Cited by3 cases

This text of 280 A.D. 839 (Vance v. Yonkers Contracting Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Vance v. Yonkers Contracting Co., 280 A.D. 839, 113 N.Y.S.2d 733, 1952 N.Y. App. Div. LEXIS 3869 (N.Y. Ct. App. 1952).

Pincite

Opinion

Action on contract to recover damages for injury to real property caused by excavation and blasting in connection therewith. Plaintiffs are the owners of real property. Defendant is the excavation contractor on property adjacent thereto. In a contract with the owner of that property defendant agreed that it “ shall protect the owners of adjacent property from injury arising from the carrying out of this contract, and shall make good any such damage and injury ”. The jury rendered a verdict in plaintiffs’ favor for $1,377, which the plaintiffs stipulated to reduce to $1,170. Defendant appeals from the judgment entered thereon. 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 Gontr. Corp., 278 App. Div. 769; MeClare v. Massachusetts Bonding & Ins. Co., 266 R. Y. 371.) Present —Rolan, P. J., Carswell, Johnston, Adel and Schmidt, JJ. [See post, p. 933.]

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Action on contract to recover damages for injury to real property caused by excavation and blasting in connection therewith. Plaintiffs are the owners of real property. Defendant is the excavation contractor on property adjacent thereto. In a contract with the owner of that property defendant agreed that it “ shall protect the owners of adjacent property from injury arising from the carrying out of this contract, and shall make good any such damage and injury ”. The jury rendered a verdict in plaintiffs’ favor for $1,377, which the plaintiffs stipulated to reduce to $1,170. Defendant appeals from the judgment entered thereon. 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 Gontr. Corp., 278 App. Div. 769; MeClare v. Massachusetts Bonding & Ins. Co., 266 R. Y. 371.) Present —Rolan, P. J., Carswell, Johnston, Adel and Schmidt, JJ. [See post, p. 933.]

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Bluebook (online)

280 A.D. 839, 113 N.Y.S.2d 733, 1952 N.Y. App. Div. LEXIS 3869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vance-v-yonkers-contracting-co-nyappdiv-1952.

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