Howarth v. Brown

This is a motion by the third-party defendant to dismiss the third-party complaint on the ground that it fails to state a cause of action or in the alternative for summary judgment against the third-party plaintiff thereon on the ground that said third-party action is barred because of collateral estoppel.

The plaintiff, a building contractor, contracted to build a house for the defendant upon defendant’s land, and the plaintiff took from the defendant a conveyance of the land by way of security and began construction. All of this was pursuant to a written contract. A building loan mortgage…