Appellate Division of the Supreme Court of the State of New York July 5, 2006 (Breco Environmental Contractors, Inc. v. Town of Smithtown)

*358In seven related actions, inter alia, to recover damages for breach of contract, the Town of Smithtown, the defendant in action No. 6, appeals from so much of an order of the Supreme Court, Suffolk County (Burke, J.), dated November 23, 2004, as denied its motion pursuant to CPLR 3211 (a) (2) to dismiss the complaint in action No.