Coley v. Cohen

Defendant Cohen moves to dismiss the second cause of action in the plaintiff’s complaint based upon alleged breach of contract. The plaintiff alleges that his property was damaged by vibrations and concussions caused by blasting operations carried on by the defendant Cohen under his contract with the defendant sewer authority. The plaintiff claims that under certain provisions of the contract the contractor agreed to be and is liable for this damage and that the provisions of the contract give rise to a cause of action in favor of the plaintiff as a third-party beneficiary.

The question…