Manhattan Fireproofing Co. v. John Thatcher & Son

ABRUZZO, District Judge.

The plaintiff entered into a contract with the defendant and instituted this action for an alleged breach of that agreement. The contract provided that the plaintiff was to supply all the materials and all the labor' necessary to complete the concrete work set forth in the plans and specifications which were made a part of the agreement.

The defendant had a building contract with John F. Trommer, Inc., of Brooklyn, New York, who were the owners of the building; the plaintiff being a sub-contractor.

The defendant has made a motion to dismiss the second cause of action set…