Leon Petroleum, LLC v. Tartan Corp.

In an action, inter alia, to recover damages for breach of contract, the defendants Tartan Corp., Tartan Corp. Liquidating Trust, and Stanley Kleinberg, Robert Topper, and Marc Hol*738liday, as Trustees, appeal (1) from an order of the Supreme Court, Nassau County (Warshawsky, J.), dated January 3, 2003, which, inter alia, granted the plaintiffs motion for summary judgment, and (2) so much of an order of the same court dated May 9, 2003, as, upon reargument, adhered to its prior determination.

Ordered that the appeal from the order dated January 3, 2003, is dismissed, as that order was superseded…