Williams v. Town of Niskayuna

This is a motion by the third-party defendant for an order dismissing the third-party complaint on the ground that it fails to state facts sufficient to constitute a cause of action, and" on the further ground that pursuant to CPLB 3211 .and the case of Dole v. Dow Chem. Co. (30 N Y 2d 143), a complete defense, founded upon documentary evidence, exists.

It is the contention of the third-party defendant Bohanske that the third-party complaint fails to state facts sufficient to constitute a cause of action in that there is no relationship existing between the Town of Niskayuna and the…