Town of Patterson v. Hauser

In an action, inter alia, to restrain the defendants from diverting surface water onto a town road, and a related third-party action to recover damages for breach of contract, the third-party defendant appeals from so much of an order of the Supreme Court, Putnam County (O’Rourke, J.), dated May 17, *7882005, as denied that branch of its motion which was pursuant to CPLR 3211 (a) to dismiss so much of the first cause of action of the third-party complaint as alleged that it “breached its contract with HAUSER in failing or neglecting to build, construct and provide to HAUSER a residence which…