Morgan v. A.O. Smith Corporation

—In an action to recover damages for breach of warranty and fraud, the plaintiffs appeal (1) from so much of an order of the Supreme Court, Dutchess County (Beisner, J.), entered April 1, 1994, as granted the motion by the defendant Mohawk Tech, Inc., pursuant to CPLR 3211, to dismiss the fourth cause of action of the complaint insofar as asserted against it, and (2) as limited by their brief, from so much of an order of the same court, entered September 23, 1994, as, upon reargument, adhered to its original determination.

Ordered that the appeal from the order entered April 1, 1994, is…