Freedman v. Hart & Early Co.

The liability of the defendant was based solely upon the contract between it and the city of New York, of which the plaintiff was a beneficiary. Defendant agreed to become liable for any injury to the foundations, walls, or other parts of buildings adjacent to the work of subway construction which the defendant had undertaken to perform. The contract provided for an absolute covenant to make good any damage suffered independent of negligence. Plaintiff was entitled to sue under the contract for the damages suffered. (Schnaier v. Bradley Contracting Co., 181 App. Div. 538.) There was no…