Town of Austerlitz v. Dugwest Associates, LLC

Appeal from an order of the Supreme Court (Con-nor, J.), entered March 17, 2005 in Columbia County, which denied defendant’s motion to dismiss the amended complaint.

Plaintiff commenced an action against defendant and others regarding an alleged failure to complete the paving portion of a residential subdivision. In an earlier motion, Supreme Court dismissed the action as to all parties except defendant and dismissed three of the four causes of action alleged against defendant. The court found a viable breach of contract cause of action within the complaint and, in light of the inartful nature…