Loscalzo v. Lupinacci

—In an action to recover damages for breach of an indemnification agreement, the plaintiff appeals (1) from an order of the Supreme Court, Suffolk County (D’Emilio, J.), dated August 23, 1999, which granted the defendant’s motion for summary judgment dismissing the complaint on the ground that the action is barred by the Statute of Limitations and (2), as limited by his brief, from so much of an order of the same court, dated December 13, 1999, as, upon reargument, adhered to the original determination.

Ordered that the appeal from the order dated August 23, *3501999, is dismissed, as that…