Hackett v. Morgan

— In an action, inter alia, to recover damages for fraudulent misrepresentation, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Donovan, J.), entered February 5, 2004, which granted the cross motion of the defendants Linda Morgan and Burbank Whittemore, Inc., for summary judgment dismissing the complaint insofar as asserted against them and denied, as academic, their motion to compel discovery.

Ordered that the order is affirmed, with costs.

The plaintiffs commenced this action to recover damages arising from their purchase of a house in Harrison. The defendants…