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BENNING v. CITY OF NEW YORK

279 A.D. 769 (1951)

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.)

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

December 28, 1951.

Amended judgment, insofar as appealed from, unanimously affirmed, without costs. Appeal from original judgment dismissed, without costs.

In our opinion, the supervision by the city was solely for the purpose of assurance that the contract was being performed. (Uppington v. City of New York,...

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