Opinion
2017–03176 Index No. 50312/14
03-13-2019
James HARRIS, et al., appellants, v. DUTCHESS COUNTY BOARD OF COOPERATIVE EDUCATIONAL SERVICES, et al., respondents.
Sussman and Associates, Goshen, N.Y. (Michael H. Sussman and Jonathan R. Goldman of counsel), for appellants. Shaw, Perelson, May & Lambert, LLP, Poughkeepsie, N.Y. (Mark C. Rushfield of counsel), for respondents.
Sussman and Associates, Goshen, N.Y. (Michael H. Sussman and Jonathan R. Goldman of counsel), for appellants.
Shaw, Perelson, May & Lambert, LLP, Poughkeepsie, N.Y. (Mark C. Rushfield of counsel), for respondents.
MARK C. DILLON, J.P., JEFFREY A. COHEN, COLLEEN D. DUFFY, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
In an action, inter alia, to recover damages for fraud and negligent misrepresentation, the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Victor Grossman, J.), dated February 27, 2017. The order, insofar as appealed from, granted the defendants' motion for summary judgment dismissing the third cause of action.
ORDERED that the order is affirmed insofar as appealed from, with costs.
We agree with the Supreme Court's determination granting summary judgment to the defendants dismissing the third cause of action, which sought to recover damages for fraud in connection with certain representations allegedly made by the defendants. The defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the plaintiffs did not sustain actual pecuniary losses as a result of the alleged fraud. In opposition, the plaintiffs failed to raise a triable issue of fact (see Williams v. Mann, 143 A.D.3d 813, 38 N.Y.S.3d 818 ).
In light of our determination, we need not address the parties' remaining contentions.
DILLON, J.P., COHEN, DUFFY and CHRISTOPHER, JJ., concur.