Manfre v. Abrams

*632OPINION OF THE COURT

Memorandum.

Appeal from the order entered June 3, 2002 unanimously dismissed as superseded by order entered October 2, 2002.

Order entered October 2, 2002 unanimously affirmed without costs.

While the order of October 2, 2002 purported to deny reargument, we note that the court below addressed the merits of the motion, and thus, in effect, granted reargument and adhered to its previous determination, thereby superseding the June 3, 2002 order and rendering the October 2, 2002 order appealable.

Defendant’s main contention upon appeal in this action for breach of warranty and…