Charles Hladik and his wife had brought an action against the builder of their home, Hearthwood Homes, Inc., the Town of Malta and the town's building inspector, August Roerig, because of property damage caused by faulty drainage. Hartford Accident and Indemnity Company (Hartford) appeared in the Hladik action for the town and Roerig and moved to dismiss the complaint for failure to state a cause of action (CPLR 3211, subd [a], par 7). Special Term granted the motion. On...
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