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DeLUCA v. SMITH

154517/14, 2958, 2957.

146 A.D.3d 732 (2017)

2017 NY Slip Op 00611

45 N.Y.S.3d 469

EVELYN DELUCA, Respondent, v. JAMES SMITH, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 31, 2017.

Issues of fact preclude summary judgment dismissing the fraud claim (Zuckerman v City of New York, 49 N.Y.2d 557, 562 [1980]).

The statement by defendant's attorney that he provided an employment agreement to plaintiff's attorney does not give rise to a presumption of proper mailing or receipt, since defendant's counsel does not provide an affidavit of service, actual proof of mailing, or a description of his "standard office...

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