City of New York v. Psaty & Fuhrman, Inc.

The facts in this matter are that on September 26, 1928, the defendant, a building contractor, entered into a contract with the board of education of the city of New York for the general construction of Public School 227 in the borough of Brooklyn.

Under the terms of the said contract, the defendant, as the general contractor, was required to erect a temporary toilet on the premises for the use of the workmen (contract, § 38), and to furnish and install the plumbing work in connection therewith (contract, § 39). It was also provided that “ the contractor shall provide the water necessary for…