Cronin v. Perry

—In an action to recover damages for medical malpractice, the defendant Herbert S. Perry appeals (1) from an order of the Supreme Court, Nassau County (DeMaro, J.), dated February 10, 1999, which denied his motion pursuant to CPLR 3126 to dismiss the complaint, and (2), as limited by his brief, from so much of an order of the same court, dated July . 13, 1999, as, upon renewal, adhered to the prior determination.

Ordered that the order dated February 10,1999, is dismissed, without costs or disbursements, as that order was superseded by the order dated July 13, 1999, made upon renewal; and it…