WIEDENHAUPT, KURT A. v. HOGAN, JR., PAUL F.

Memorandum:

In appeal No. 1, defendant appeals from an order granting plaintiffs motion for summary judgment in lieu of complaint based upon an instrument for the payment of money only (see CPLR 3213), and in appeal No. 2 he appeals from the judgment entered thereon. In appeal No. 3, he appeals from an order entered following the entry of the judgment in appeal No. 2 that granted his motion for leave to reargue and, upon reargument, adhered to the prior decision granting plaintiffs motion for summary judgment in lieu of complaint. We note at the outset that appeal No. 1 must be dismissed…