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DANIEL-MORRIS CO. v. GLENS FALLS IND. CO.

283 A.D. 504 (1954)

Daniel-Morris Co., Inc., Appellant, v. Glens Falls Indemnity Company et al., Respondents, et al., Defendants

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

March 23, 1954.

Attorney(s) appearing for the Case

Sibyl C. Welling for appellant.

Samuel Halpern and David S. Konheim of counsel (Konheim, Halpern & Wolf, attorneys), for Glens Falls Indemnity Company, respondent.

Leon J. Shapiro of counsel (L. J. and G. A. Shapiro, attorneys), for Big-W Construction Corp., respondent.

DORE, J. P., and COHN, J., concur with CALLAHAN, J.; BOTEIN, J., dissents and votes to affirm in opinion.

CALLAHAN, J.

This appeal presents a question as to the right of a materialman to recover as a third-party beneficiary under a bond given in connection with a building contract.

Big-W Construction Corp. was the general contractor for the construction of a garden apartment in the Borough of Queens, City of New York. It hired Horowitz & Rubin, copartners (unserved defendants), as subcontractors to install...

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