EDP Medical Computer Systems, Inc. v. Sears, Roebuck & Co.

In an action to recover damages for breach of contract, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Graci, J.), dated January 7, 1991, as granted the defendant’s motion for leave to depose nonparty witness Bernard Gelb in prison. The appeal brings up for review so much of an order of the same court, dated July 26, 1991, as, upon reargument, adhered to the original determination (CPLR 5517 [b]).

Ordered that the appeal from the order dated January 7, 1991, is dismissed, as that order was superseded by the order dated July 26,…