Benning v. City of New York — 279 A.D. 769

Majority

p. 769

Warren Benning, Appellant, v. City of New York, Respondent, et al., Defendants. (Action No. 1.) Ryan Crane and Shovel Service, Inc., Third-Party Plaintiff, v. Ralph Tomasetti et al., Doing Business as T. & T. Contracting Co., et al., Third-Party Defendants. (Third-Party Action No. 1.) City of New York, Third-Party Plaintiff-Appellant, v. Salvatore Tomasetti et al., Doing Business as T. & T. Contracting Co., Third-Party Defendants-Respondents. (Third-Party Action No. 2.)

In our opinion, the

p. 770

supervision by the city was solely for the purpose of assurance that the contract was being performed. (Uppington v. City of New York, 165 N. Y. 222 .) Present — Carswell, Acting P. J., Johnston, Adel, Wenzel and MacCrate, JJ.

Cases cited

Uppington v. City of New York 165 N. Y. 222 N.Y. 1901-01-08 p. 770