DeLuca v. Smith

Order, Supreme Court, New York County (Joan M. Kenney, J.), entered May 29, 2015, which, to the extent appealed from, denied defendant’s motion for summary judgment dismissing the complaint and to disqualify plaintiff’s counsel, and order, same court and Justice, entered July 29, 2016, which denied defendant’s motion to renew, unanimously affirmed, without costs, as to the summary judgment issues, and appeals therefrom otherwise dismissed, without costs, as moot.

Issues of fact preclude summary judgment dismissing the fraud claim (Zuckerman v City of New York, 49 NY2d 557, 562 [1980]).

The…