Coley v. Cohen

This is an appeal by the defendant contractor from an order denying his motion for an order dismissing the second cause of action which is set forth in the complaint and which is based upon the theory that, under the provisions of a public improvement contract between the defendant contractor and the Buffalo Sewer Authority, plaintiff as a third party beneficiary is entitled — without proof of negligence — to recover against the contractor the amount of damage to his property which was caused by blasting operations. The contract,' which contemplated tunneling underground and the blasting of…