
    Clara A. Hale et al., Respondents, v. Michael H. Ripton, Appellant.
    
      Contract — clause in public contract that contractor will be responsible for or repair any damage caused in execution of work — when owner of building may recover thereunder from contractor for damage to building arising from prosecution of work.
    
    
      Hale v. Ripton, 197 App. Div. 926, affirmed.
    (Argued December 4, 1922;
    decided January 9, 1923.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 20,1921, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The action was brought to recover damages to a building known as the Aqueduct Building, the property of the plaintiffs, being a six-story factory and loft building situate in the city of Rochester, N. Y., just west of the Genesee river and north of the Erie canal. The defendant, a contractor, had contracted with the city of Rochester for the construction of the Graves street tunnel sewer, which ran in a northerly direction under Graves street from a point under the plaintiffs’ building to Main street. It was claimed that by reason of the work plaintiffs’ building settled causing damage to the walls, shafting and doors. The alleged cause of action was based upon certain provisions of the contract whereby the contractor agreed to be responsible for and repair any damage arising from the carrying out of the contract.
    
      Arthur V. D. Chamberlain for appellant.
    
      William F. Strang for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, Crane and Andrews, JJ. Not voting: McLaughlin, J.  