Saporta v. Barbagelata

This is an appeal by plaintiffs from a summary judgment in favor of two of the six defendants in the action.

Question Presented

Was the trial court justified in granting the motion for a summary judgment ?

Statement of the Case

The action in the instant case is one for rescission on the ground of fraud. The action is brought against two sellers of real property, a real estate broker, a real estate agent, an exterminator company, and a lumber company. Plaintiffs allege in their complaint that they were the purchasers of certain real property, improved with a house, owned by defendants Otto and…