Opinion
Submitted January 5, 2000
February 17, 2000
In an action, inter alia, to recover damages for the breach of a construction contract, the third-party defendant appeals from so much of an order of the Supreme Court, Dutchess County (Hillery, J.), dated January 22, 1999, as denied its motion to dismiss the third-party complaint for failure to state a cause of action.
Eileen G. Caramagno, Deer Park, N.Y., for third-party defendant-appellant.
Rivelis, Pawa Blum, LLP, New York, N.Y. (Jack A. Pawa of counsel), for defendant third -party plaintiff-respondent.
DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, SONDRA MILLER, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
Assuming, as we must, that the allegations set forth in the third-party complaint are true (see, Rovello v. Orofino Realty Co., 40 N.Y.2d 633), the Supreme Court did not err in finding that the third -party complaint stated a cause of action (see, Garrett v. Holiday Inns, 58 N.Y.2d 253, 262-263).
The remaining contentions of the third-party defendant are without merit.