Appellate Division of the Supreme Court of the State of New York July 31, 1995 (Zanani v. Savad)

In an action, inter alia, to recover damages for fraud, the plaintiff appeals from an order of the Supreme Court, Kings County (Vaccaro, J.), dated May 11, 1994, which (1) granted the defendants’ motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action, and (2) denied as moot the plaintiff’s cross motion for partial summary judgment dismissing the