D'Agostino v. Franklin

an action to recover damages for fraudulent misrepresentation, the plaintiff appeals from an order of the Supreme Court, Westchester County (Murphy, J.), entered July 27, 2004, which, inter alia, granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

Contrary to the appellant’s contention, the defendants established their prima facie entitlement to judgment as a matter of law with respect to the cause of action alleging fraudulent misrepresentation, and the plaintiff failed to raise a triable issue of fact (see Hackett v…