HACKETT v. MORGAN


18 A.D.3d 608 (2005)

794 N.Y.S.2d 685

ANGELA HACKETT et al., Appellants, v. LINDA MORGAN et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 16, 2005.


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 Linda Morgan and Burbank Whittemore, Inc. (hereinafter Burbank), were the real estate agents for the sellers. The plaintiffs alleged that Burbank fraudulently misrepresented and actively concealed the fact that the house was a prefabricated modular home.

In opposition to Burbank's prima facie...

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