Eurogen, Inc. v. Censor

Order, Supreme Court, New York County (Stuart Cohen, J.), entered January 27, 1997, which, in an action for goods sold and delivered, granted plaintiff’s motion to reargue a prior order, same court and Justice, entered May 10, 1996, dismissing the action as time-barred, and, upon reargument, adhered to the prior order, unanimously affirmed, with costs. The appeal from the prior order is unanimously dismissed as superseded by the appeal from the subsequent order, without costs.

Plaintiff’s attempt to recast its claim for goods sold and delivered as one based on dishonored checks and notes, and…