Lerner v. Partnership of Schlagel

In an action to recover damages for breach of contract, the plaintiff appeals (1) from an order of the Supreme Court, Nassau County (O’Connell, J.), dated September 22, 1997, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that it is barred by the Statute of Frauds, and (2) from so much of an order of the same court, dated February 23, 1998, as, upon reargument, adhered to its prior determination.

Ordered that the appeal from the order dated September 22, 1997, is dismissed, as that order was superseded by the order dated February 23, 1998, made…