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WOLCOTT v. JOHNSON, DRAKE & PIPER

198 Misc. 874 (1950)

Samuel K. Wolcott et al., Plaintiffs, v. Johnson, Drake and Piper, Inc., et al., Defendants. Amelia L. Ferrin, as Executrix of Louise A. Meyer, Deceased, Plaintiff, v. Johnson, Drake and Piper, Inc., et al., Defendants. Fay S. Quick, Plaintiff, v. Johnson, Drake and Piper, Inc., et al., Defendants.

Supreme Court, Trial Term, Chemung County.

October 20, 1950.

Attorney(s) appearing for the Case

Ralph Cramer for defendants.

John Sullivan for Samuel K. Wolcott and another, plaintiffs.

L. H. Teeter for Amelia L. Ferrin and another, plaintiffs.

McAVOY, J.

The defendants, hereinafter referred to as the contractors, move for a dismissal of the first cause of action alleged in the complaints, on the ground that it does not state facts sufficient to constitute a cause of action, and is insufficient in law.

The plaintiffs seek a recovery under this cause of action on the theory that they are third-party beneficiaries, pursuant to the provisions...

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