Broat v. New York Racing Ass'n

—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Rappaport, J.), dated October 24, 1997, which denied its motion for summary judgment dismissing the complaint. The appeal brings up for review so much of an order of the same court, dated January 12, 1998, as, upon reargument, adhered to the original determination (CPLR 5517 [b]).

Ordered that the appeal from the order dated October 24, 1997, is dismissed, as that order was superseded by the order dated January 12, 1998, made upon reargument; and it is further,

Ordered…