Nine Bros. Construction Co. v. Gordon

In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (Burke, J.), dated October 8, 1991, which denied its motion to vacate a judgment entered upon its default in appearing for jury selection. The appeal brings up for review so much of an order of the same court, dated January 8, 1992, as, upon reargument, adhered to the original determination (see, CPLR 5517 [b]).

Ordered that the appeal from the order dated October 8, 1991, is dismissed, without costs or disbursements, as that order was superseded by the order dated…