Town of Babylon v. Lizza Industries, Inc.

— In an action to recover damages for breach of contract, negligence, trespass, and a violation of General Business Law article 36, the defendant third-party plaintiff, Lizza Industries, Inc., appeals (1) from an order of the Supreme Court, Suffolk County (Hand, J.), dated September 20, 1990, which granted the third-party defendant’s motion to dismiss the third-party complaint, and denied its cross motion to dismiss the plaintiff’s tort causes of action and to dismiss the third-party defendant’s counterclaim for fees and costs incurred in the instant law suit, and (2) as limited by its brief,…