Manhattan Avenue Development Corp. v. Meit

—Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered November 7, 1994, dismissing the complaint without prejudice to the institution of a new action by plaintiff’s president, and bringing up for review a prior order, same court and Justice, entered on or about September 21, 1994, which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint without prejudice, unanimously affirmed, without costs. The appeal from the order is unani*192mously dismissed as superseded by the appeal from the judgment, without costs.

The IAS Court judicially estopped…