Schmitz v. MacDonald

—Order, Supreme Court, New York County (Diane Lebedeff, J.), entered September 4, 1997, inter alia, granting plaintiffs motion pursuant to CPLR 3213 for summary judgment, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered on or about June 13, 1997, which, inter alia, denied defendant-appellant’s cross motion for summary judgment dismissing the complaint as against him, unanimously dismissed, without costs, as superseded by the appeal from the order of September 4, 1997 and appeal from order, same court and Justice, entered September 29, 1997, denying…