ESPINOZA v. FOWLER-DALEY OWNERS, INC.

4468, 305358/14.

154 A.D.3d 405 (2017)

60 N.Y.S.3d 807

2017 NY Slip Op 06881

EDGARD ESPINOZA, Appellant, v. FOWLER-DALEY OWNERS, INC., et al., Respondents, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 3, 2017.


There is no reason to entertain this appeal because, after the outstanding discovery was completed, the motion court granted plaintiff's motion to renew his summary judgment motion, which had been denied without prejudice to renew. No appeal lies from an order or judgment that has been superseded by a subsequent order or judgment, as the initial order or judgment has become academic (see Makastchian v Oxford Health Plans, 270 A.D.2d 25<...

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