MARCY v. First Choice Realty of Rome, Inc., Defendant-Respondent. (2000)

Supreme Court properly granted the motion of First Choice Realty of Rome, Inc. (defendant) for summary judgment dismissing the amended complaint against it.   Defendant was the listing agency for property purchased by plaintiff from defendant Kenneth F. Roser.   After the closing on the property, plaintiff allegedly discovered defects in the well and septic systems.   Plaintiff commenced this action against defendants alleging, inter alia, fraudulent misrepresentation and fraudulent concealment.   Defendant met its initial burden by establishing that it had no knowledge of the alleged defects in the well and septic systems (see, Rudolph v. Turecek, 240 A.D.2d 935, 938, 658 N.Y.S.2d 769, lv. denied 90 N.Y.2d 811, 666 N.Y.S.2d 100, 688 N.E.2d 1382;  Hauser v. Lista, 201 A.D.2d 873, 874, 607 N.Y.S.2d 516;  Hausler v. Spectra Realty, 188 A.D.2d 722, 724, 590 N.Y.S.2d 587), and plaintiff failed to raise a triable issue of fact (see generally, Zuckerman v. City of New York, 49 N.Y.2d 557, 562, 427 N.Y.S.2d 595, 404 N.E.2d 718).

Order unanimously affirmed without costs.

MEMORANDUM: